New Delhi: The extension of nationwide lockdown till May 3 to contain coronavirus has delayed important hearings in the Supreme Court.
Important pleas pending in Supreme Court
There are a number of important pleas to be heard. Among them the most important plea is against the Citizenship (Amendment) Act. Then there is the plea of the abrogation of provisions of Article 370 which has to be heard.
The Supreme Court is also scheduled to hear the plea on issues pertaining to scope of freedom of religion. It is also to look into judicial scrutiny into ‘essential religious practices’.
The apex court has already restricted its functioning due to the lockdown. It is presently hearing cases of only urgent nature through video conferencing. The Supreme Court was set to hear on the Sabrimala reference case, related to the scope of freedom of religion. The hearing was scheduled to start after the Holi break, but then coronavirus struck.
The pandemic forced the Centre to take emergency steps like lockdown. Prior to the announcement of lockdown, the top court’s hearing schedule was packed. It had assured several anti-CAA petitioners and those opposed to abrogation of provisions of Article 370 that their pleas would be heard. These petitioners were to be heard after a nine judge bench concluded the hearing in the Sabrimala case.
However, steps like social distancing led to reduction of number of functional courts in the apex court. Now the Supreme Court is hearing in urgent matters only through video conferencing.
Delhi High Court cancels summer vacation
The Delhi High Court and the subordinate courts have suspended the summer vacation this year a few days back. They have done so to make up for the loss of working days due to the lockdown.
The Supreme Court Bar Association (SCBA) is also thinking on the same lines. The SCBA has urged CJI SA Bobde and his companion judges to declare cancellation of summer vacations.
The SCBA had requested that the period of summer break in the apex court be treated as working period. It should be done so in the larger interest of the litigants. Some eminent advocates, including Rakesh Dwivedi and Dinesh Goswami have voiced the same opinion. They have written to CJI SA Bobde voicing their concern over hampering of judicial work.
Important cases pending in Delhi HC
In the Delhi High Court, hearing on various important cases has also been hampered. The most important among them is the plea for action against those involved in the North East Delhi riots. The hearing on the protests and violence near Jamia Nagar against the newly-enacted Citizenship Amendment Act (CAA), have been affected. The matters, listed for hearing in March, were adjourned for different dates in April.
The various petitions in the North East Delhi riots and Jamia violence were adjourned to April 21. The hearing on the bail plea of Christian Michel James was scheduled for April 20. Christian, an alleged middleman was arrested in connection with AgustaWestland VVIP chopper scam.
The Delhi High Court is now only hearing urgent matters via video conferencing. It had April 9 decided to suspend its summer vacations from June 1 to 30. It has also cancelled the summer break of subordinate courts.
The court has also taken note of the plight of undertrial prisoners languishing in jails despite grant of bail. They have not been released as they have not been able to furnish a surety bond. In such cases, the Delhi HC has said that such prisoners be released on personal bonds.
Hearing of rape and POCSO cases delayed
The fast track courts, hear matters of rape and Protection of Children from Sexual Offences (POCSO) cases. However, these hearings have also hit a roadblock due to lockdown. The trials in such sensitive cases have also been postponed till May.
The postponement of cases in district courts would give rise to pendency. Just before the outbreak of coronavirus, north east Delhi had witnessed communal violence over the Citizenship Amendment Act (CAA).
At least 53 people were killed and more than 200 were injured in the acts of violence. Around The Delhi Police have registered around 690 FIRs in the case and about 800 people were arrested. Those arrested are currently in judicial custody and their interim orders will continue till May 15.
Other important cases
The lockdown has also affected the hearing in INX media case involving Congress leader P Chidambaram and his son Karti. Hearing regarding the Sunanda Pushkar death case and the VVIP chopper scam have also stopped.
PTI