M.H.A.A. Rep by its President G.Mohanakrishnan High Court, Chennai- 600 104. To, The Hon’ble Chief Justice High Court of Madras. uplift our legal fraternity by re-opening all facilities including High Court for out smooth
From, 22.01.2021
M.H.A.A.
Rep by its President
G.Mohanakrishnan
High Court, Chennai- 600 104.
To,
The Hon’ble Chief Justice
High Court of Madras
Chennai- 600 104.
Most revered and respected Hon’ble Chief Justice,
At the outset, on behalf of our prestigious Association, we once again welcome your Lordship to our prestigious charter, High Court of Madras, to pride over our High Court, to Administer and render impartial Justice to all, and we assure our fullest co-operation and will maintain the cordial Bench- Bar relationship in such process.
The most lingering and mounting problem we are facing in the present pandemic situation, we may be permitted to bring to your Lordship’s notice for your benevolent and kind consideration.
The present setup of virtual hearing of cases with limited cases being listed, is causing much annoyance, anguish and untold hardship to our member Advocates, litigant public and all allied staffs like Advocate clerks, stenographers and all stationary and other allied vendors, who are only dependent on the functioning of our High Court.
It is an astonishing fact that only 20% of the Advocates are able to access and appear online for their cases, though the same is also not to their utmost satisfaction. The alarming part is that, the legal profession is fast deteriorating due to the closure of High Court and being prevented from physical appearance and hearing, except for a few handfuls of corporate lawyers who are well equipped for virtual hearing.
It is world known and accepted fact that the virtual hearing cannot be most effective, as against physical hearing and conduct of cases and many a time we fail in doing the justice to our respective cases in virtual hearings.
Further, the saddest plight of lawyers of the High Court, who normally work from chambers in the High Court building for the reason that they cannot afford to have offices outside the High Court campus, are now stranded in streets around the High Court building and greatly struggling to carry on their profession effectively and the net result is a traffic snarl around the High court building and most of our members are age old and of poor health conditions.
As the President of this Association, I am also confronted with most difficult situations, as our Association halls are predominantly shut ever since the lockdown commenced. On closing, the reference library in the High Court Building, the staffs of our Association are working from streets around High Court and they are not being properly paid their salaries on time as we have no access to our Association office till date.
In our State, the pandemic situation is greatly under control and we are all aware of our responsibilities to protect out individual health and also not to hinder onto other people’s health by following all precautionary measures as advised by the Hon’ble Court. Even schools have commenced to work after getting the consent letter from the student’s respective parents. While being so, continuing to lockdown the High Court halls, chambers and Association Halls would serve no purpose but, on the contra, will prove detrimental to the livelihood of our member lawyers and all allied staffs and workers besides litigant general public.
Since State of Tamil Nadu is easing all restrictions gradually, the same needs to be necessarily considered in our High Courts, in reopening the same for physical conduct of cases and hearings. In fact, apart from the general protocol guidelines, we are also willing and ready to comply with any additional safety measures in smooth and safe functioning of our High Court, once it is opened.
We most respectfully state that, such endless Lockdown of High Court, when pandemic is under control, and all other public and private establishments like schools, etc., are opened to function, the general public will lose confidence in getting Justice, as all cases are kept pending for want of physical hearings. There can be no objection from our members for reopening of High Court, lawyers’ chambers and Association offices, and we all are well aware of our legal and moral responsibilities.
Therefore, on behalf of the legal fraternity, allied staffs and workers and of the litigant general public, we most fervently and humbly pray to your esteemed Lordship to graciously consider the plight of all of us and stretch out a helping motherly hand to uplift our legal fraternity by re-opening all facilities including High Court for out smooth and safe functioning at the earliest with any condition that are germane to the present situation and we will be grateful and thankful for such motherly gesture shown by this Hon’ble High Court to render Justice to all without any more delay, and regain confidence on the minds of the litigant general public over the institution of Justice and oblige.
Thanking your Lordship in anticipation.
President,
M.H.A.A.
