Excelsior Correspondent
JAMMU, Oct 12: Taking into consideration the latest Standard Operating Procedures (SOPs) and guidelines issued by the Governments of Union Territories of Jammu and Kashmir and Ladakh relating to COVID-19 pandemic, Chief Justice of J&K High Court Gita Mittal has allowed physical hearing of cases.
“In addition to virtual hearing, the matters may also be taken up for physical hearing, where the counsels for both the parties give their consent for such physical hearing”, the Chief Justice said. However, identification of cases and their listing for virtual hearing shall be done in accordance with Circular No. 19 dated 28.05.2020 and Circular No. 03 dated 01.07.2020.
It has further been ordered that identification of cases for physical hearing shall be done by the concerned Registrar Judicial a day before the date of listing. “Advocates concerned in a particular case, who intend to get their case listed for physical hearing, shall give written consent for physical appearance and provide the requisite detail of the case to the concerned Registrar Judicial at least two days before the date of listing”, the order said.
Chief Justice further directed the Registrar Judicial concerned, then, shall provide list of such counsel whose cases are listed for physical hearing, well in time to the Incharge Security at the main gate to facilitate entry of such counsel. “The staff on duty and the counsel appearing physically in court shall take necessary precautions, ensure physical distancing, wearing of mask and observance of SOPs and guidelines issued by the respective Governments from time to time”, the order said.
Regarding District Courts, Chief Justice has directed that District & Sessions Judges in Union Territories of Jammu and Kashmir and Ladakh, taking into consideration the urgency involved, apart from virtual hearing, may, where the counsels for the parties involved give their consent to appear for physical hearing, permit physical hearing in criminal trials where accused is/are in custody, matrimonial cases, MACT cases, cases under Section 138 of the Negotiable Instruments Act, compromise matters or in any other matter as deemed desirable by the concerned courts.
“The courts shall devise their own mechanism for listing of cases for physical hearing after taking consent of respective counsel, subject to their own assessment of prevailing local conditions including the intensity of COVID-19 infection”, the order said, adding “the staff on duty in courts and the counsel appearing physically shall take necessary precautions, ensure physical distancing, wearing of mask and observance of SOPs and guidelines issued by the respective Governments from time to time”.
These directions will remain in force till October 31, 2020.
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