LawChakra

India-Pakistan Tensions: Punjab & Haryana HCBA Requests Chief Justice to Shift Court Hearings to Video Conferencing

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In a letter addressed to Chief Justice Sheel Nagu, the HCBA Secretary Gagandeep Jammu said that the current “war-like situation” is creating serious risks for everyone involved in the justice delivery system.

Due to the growing tension between India and Pakistan, the Punjab and Haryana High Court Bar Association (HCBA) has requested the Chief Justice to make video conferencing (VC) the main way of hearing court cases.

The Bar Association believes this step will help protect the safety of lawyers, court staff, litigants, and the general public during these uncertain times.

In a letter addressed to Chief Justice Sheel Nagu, the HCBA Secretary Gagandeep Jammu said that the current “war-like situation” is creating serious risks for everyone involved in the justice delivery system.

“The ongoing war-like situation poses a threat to the safety and security of advocates, litigants, court staff and all stakeholders in the justice delivery system.”

He further shared that Chandigarh city, where the High Court is located, has become a potential target of enemy air strikes.

“Fighter planes are zooming over Chandigarh city all night, and the city happens to be a potential target of apprehended air strikes.”

The Bar Association emphasized that urgent action is needed regarding how the court should function from Monday, May 12, 2025.

“The Bar Association of the Punjab and Haryana High Court, Chandigarh, respectfully submits this communication to seek guidance regarding the further course of action pertaining to functioning of the Courts from Monday, the 12th of May 2025, in view of the war situation being faced and the High Court being situated in a potential threat area.”

At present, most High Court benches allow video conferencing only if it is requested in advance, and some benches have limited fixed timings for VC hearings. The Bar Association wants this system to change during the current emergency so that all hearings are preferably held through video conferencing by default.

Key Suggestions by the Bar Association

To ensure safety and smooth functioning of the courts during this crisis, the Bar Association has proposed the following:

1. Limit Physical Attendance

Only allow clients and court staff to attend physically when absolutely necessary, to avoid overcrowding in the court premises.

2. Make VC the Preferred Mode

Since all courtrooms are already equipped with video conferencing systems, VC hearings should become the default. This will ensure that lawyers and clients can participate safely from a distance.

3. Plan for Emergency Evacuation

The Bar has asked the court administration to prepare clear exit route maps for the High Court building. A simulation video should also be shared with all stakeholders so they can learn emergency evacuation procedures in case of an attack or sudden threat.

4. Create SOPs and Train Staff

Standard Operating Procedures (SOPs) should include:

Chief Justice Criticises ‘No Work’ Call

Earlier on Friday, Chief Justice Sheel Nagu criticised the HCBA’s decision to suspend judicial work on May 9.

While hearing a case on the ongoing Punjab-Haryana water dispute, Justice Nagu expressed disappointment with the decision:

“The ‘No Work Call’ was a little unfortunate. I expressed my concerns to your President [of Bar Association] that when the forces are fighting the battle, you will be sitting at home and resting? That is very unfortunate.”

In response, the HCBA clarified its stand in the letter to the Chief Justice. It explained that intercity travel was banned overnight between Thursday and Friday, and many advocates had to travel from far-off districts of Punjab and Haryana to Chandigarh.

The Bar Association wrote:

“This coupled with drone attacks in Pathankot, Gurdaspur, Amritsar, Jalandhar, Ferozepur created a panic situation which had to be responded to immediately.”

It also mentioned that the decision to suspend court work was made due to emergency blackout orders and an advisory from the Chandigarh Administration asking people to stay indoors.

Meanwhile, the High Court of Jammu and Kashmir and Ladakh has also issued several precautionary orders to ensure the safety of judicial officers and court staff in sensitive border regions.

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