Entry of litigants to remain prohibited
Excelsior Correspondent
JAMMU, Feb 4: The High Court has ordered physical hearing of cases in all the courts and Tribunals across the Union Territories of Jammu and Kashmir and Ladakh with effect from February 8 with strict adherence to latest Standard Operating Procedures (SOPs) of the Central and UT Governments.
“Keeping in view the latest SOPs of the Government of India and Government of Jammu & Kashmir relating to relaxation in restrictions regarding containment of COVID-19 and also the considerable decline in daily number of COVID-19 cases, the physical hearing of the cases in the High Court of Jammu and Kashmir as well as in the District and Subordinate Courts and Tribunals in Jammu & Kashmir and Ladakh shall resume with effect from 08.02.2021”, read an order issued by Chief Justice Pankaj Mithal.
However, with a view to ensure that there is no complacency against the spread of COVID-19 infection, the Chief Justice has ordered all latest SOPs of the Central and J&K Governments regarding gathering at public places shall be followed in letter and spirit.
“The Advocates shall be allowed entry into the court premises but they will restrict their entry in a manner that only those Advocates enter the court building on a given day whose cases are listed on that day before any of the Bench/Court”, the order said, adding “on entry into the court building, Advocates will strictly maintain the social distancing while waiting for hearing of their cases and shall not huddle either in the well or in the gallery outside the court rooms”.
According to the order, entry of clerks and agents of the Advocates into the court rooms will continue to be prohibited for the time being. Similarly, entry of litigants and public into the court premises from the very outer gate will continue to be prohibited. However, if any litigant on any reasonable ground is compelled to argue his case personally, he shall be allowed entry into the court premises subject to the condition that he makes an application at least two days prior to the date of hearing through e-mail to the Registrar Judicial/Presiding Officer of the court disclosing such compelling reasons and seeking permission in that regard.
“For the time being, Advocates are free to file their cases and applications either physically or by virtual mode. However, the entry of advocates in the office room/branches of the High Court Registry/Courts will continue to be prohibited”, the order said, adding “the canteens located in the premises of the Court Complexes have been also permitted to be opened from February 8 subject to the strict observance of all the relevant SOPs and instructions”.
The protocol will be reviewed periodically depending upon the trend of spread of COVID-19 infection.