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Amid rapidly worsening air quality in the national capital, senior advocate Vikas Pahwa has urged the Delhi High Court to temporarily shift to a hybrid or virtual hearing to safeguard the health of lawyers, litigants, and court staff.
In a detailed letter addressed to Chief Justice Devendra Kumar Upadhyaya, Pahwa highlights that the city's Air Quality Index (AQI) has remained in the 'severe' category, frequently touching 450-600 in several monitoring zones. PM2.5 levels, he notes, have crossed 190 mg/m, more than three times the permissible limit of 60 mg/m, falling squarely in the medically defined toxic and life-threatening range. Pahwa states that such pollution is not merely an inconvenience; it poses irreversible harm to essential organs, including the heart, lungs, and brain. The situation is especially concerning for senior members of the legal fraternity and those with existing conditions such as asthma, hypertension, and diabetes. Many lawyers, he points out, are reporting persistent cough, throat irritation, breathing difficulties, and fatigue. Referring to general advisories and recent observations made by Justice P S Narasimha of the Supreme Court, suggesting lawyers consider virtual hearings to reduce exposure, Pahwa also states that both the Central and Delhi governments have already activated Stage III and IV emergency measures of GRAP. These include a ban on construction activities, restrictions on certain diesel vehicles, altered office timings, and the deployment of anti-smog guns across the city. Despite these measures, he argues, the mandatory physical presence of thousands of lawyers and litigants in congested court premises continues to expose them to "substantial and avoidable health hazards." Pahwa, therefore, requests the High Court to temporarily reintroduce virtual or hybrid hearings, similar to the model used effectively during the COVID-19 pandemic. Such a step, he says, would protect lives by minimising exposure to toxic air, maintain smooth judicial functioning without compromising safety, and support government efforts to reduce traffic and emissions. Emphasising the Delhi High Court's record of technological leadership, Pahwa urges that hearings be shifted to VC mode until the air quality returns to safe levels. He calls this a "compassionate and forward-looking approach," one that prioritises public health without disrupting access to justice. (ANI)
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