Akhil Hasija v. Bar Council Of India & ORS.

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.4360/2020 AKHIL HASIJA ..... Petitioner Through:

Mr. Yash Mishra, Advocate with Ms. Ruchi Kohli, Ms. Nidhi Jaiswal, Ms. Manyaa Chandhok, Advocates along with the Petitioner versus BAR COUNCIL OF INDIA & ORS.

..... Respondents Through:

Mr. Preet Pal Singh, Advocate

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 20.07.2020 Proceedings of the matter have been conducted through video conferencing.

CM No.15698/2020 (Exemption) Allowed subject to all just exceptions.

The application is disposed of.

W.P.(C) 4360/2020 1.

This Public Interest Litigation has been preferred with the following prayers:

"A.

Issue a writ, order or direction to the Respondents to form an Expert Committee to make appropriate rules/amendments, which will adequately protect and W.P.(C) No.4360/2020 Page 1 of 3

safeguard data containing any privileged communication between lawyers and their clients while using third-party applications for conducting video/virtual meetings and conferences;

B.

Issue a writ, order or direction to the Respondent No. 1 to certify specific third-party applications/technology which are safe for conducting privileged communication between the lawyers and their clients; and C.

Issue a writ, order or direction to the Respondent No.1 to issue rules/guidelines/notification to make the lawyers aware regarding privacy concerns associated with privileged and confidential communication between them and their clients and the safeguards which need to be taken by every lawyer/advocate while conducting an privileged communication with their Clients.

D.

Pass any other or further relief(s) as this Hon'ble Court may deem just and proper in the facts and circumstances of this case Having heard learned counsel for both the sides and looking into the facts and circumstances of the case it appears that without preferring any representation the present petition has been preferred for seeking directions upon the respondents."

2.

Having heard the learned counsel for the parties and looking to the facts and circumstances of the case, it appears that the petitioner is in search of formation of an expert committee to make appropriate rules/amendments, which will adequately protect and safeguard data containing any privileged communication between lawyers and their clients while using third-party applications for conducting video/virtual meetings and conferences. However, the petitioner has directly approached this Court without W.P.(C) No.4360/2020 Page 2 of 3

preferring a representation to the Respondents for the aforesaid. We, therefore, direct the concerned respondent authorities to treat this writ petition as a representation and decide the same in accordance with law, rules, regulations and government policies applicable to the facts of the case, as expeditiously as practicable.

3.

With these observations, the writ petition is disposed of. CHIEF JUSTICE PRATEEK JALAN, J JULY 20, 2020 Pk W.P.(C) No.4360/2020 Page 3 of 3