Bombay HC senior advocates urge CJ Dharmadhikari to allow e-filing,video-conferencing of PILs for poor and marginalised

The letter states that March 22 Janata Curfew has pointed difficulties to certain sections of the underprivileged citizen and 21-day lockdown will increase their hardships manifold.

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In a letter to the CJI, senior advocates Janak Dwarkadas, Rajani Iyer, Anil Anturkar, Mihir Desai, and Gayatri Singh requested him to take necessary steps to avoid personal presence of petitioners to sign and affirm the PILs.

Senior advocates of the Bombay High Court Thursday wrote to the Chief Justice Bhushan P Dharmadhikari to make changes in filing and presenting cases to protect court staff and lawyers during coronavirus outbreak and to prioritise public interest litigations (PILs) pertaining to issues of common and poor people during the 21-day national lockdown.

In a letter to the Chief Justice, senior advocates Janak Dwarkadas, Rajani Iyer, Anil Anturkar, Mihir Desai, and Gayatri Singh requested him to take necessary steps to avoid personal presence of petitioners to sign and affirm the PILs.

The lawyers suggested that e-filings should be allowed and hearing of the petitions be undertaken regularly through video conferencing for the safety and protection of all associated persons. “The grievances of poor and marginalised be given priority and with sensitivity for effective redress,” the letter read.

The letter states that March 22 Janata Curfew has pointed difficulties to certain sections of the underprivileged citizen and 21-day lockdown will increase their hardships manifold.

There are many concerns that affect poor in terms of access to food, shelter, water, sanitation among others, senior counsels noted.

The letter also stated, “In particular, the perils of the poor and marginalised, many of whom comprise of migrant workers stranded at various locations, daily wage earners who find themselves without jobs and income, persons with special needs, are simply unable to gain access to or avail of health and medical facilities.”

The lawyers said that such marginalised persons and their representatives have been raising grievances with authorities but could not avail required response.

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The letter further stated, “As officers of this court, it is an earnest request that the justice system continues to be accessible, particularly for the poor and marginalised during present crisis.”

In view of the lockdown in the state, Chief Justice Dharmadhikari on March 23 made an appeal to lawyers and litigants not to file non-urgent matters as directed earlier, failing which exemplary costs will be imposed on them.

Last week, Bombay high court judge Anil K Menon came up with an innovative measure and issued a notice that highly urgent matters will be taken up for mentioning by video conferencing through a mobile application on court working days.

Omkar Gokhale

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

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