Excelsior Correspondent
JAMMU, Apr 26: Keeping in view the alarming surge in COVID-19 infection cases in the UTs of Jammu & Kashmir and Ladakh, Chief Justice of J&K High Court Pankaj Mithal has ordered that the filing/hearing of cases in the High Court as well as in the District and Subordinate Courts and Tribunals shall be conducted through virtual mode till May 15.
In the order, it has been directed that entry of litigants, public and clerks of the Advocates into the court premises from the very outer gate shall be strictly prohibited.
For filing of cases, Registrars Judicial of both wings of the High Court shall create a dedicated email address of their respective filing counters and notify the same to the advocates/litigants by making it available on the website of the High Court.
Ordinarily ‘Before Notice’ matters shall be taken up by each Bench unless urgency in respect of any ‘After Notice’ matter is shown to the satisfaction of the Bench concerned. Physical hearing in respect of any listed matter will be at the discretion of the Bench concerned subject to the satisfaction of the Bench regarding extreme urgency involved in such matter and thereafter such case shall be taken up for physical hearing on the date fixed by the Bench.
In order to decongest the sections/offices/courts, the officials shall be permitted to function in batches with 50 percent reduction on rotation basis. The roster in this regard, shall be formulated by the Registrar Judicial. The officials, who as per the roster are not on duly in the office, shall not leave the station and shall remain available on telephone and electronic means of communication at all times.
The Registrars Judicial of both wings of the High Court shall ensure sanitization of the entire High Court Complex on every Saturday and Sunday.
The staff on duty and the counsel, if any permitted for physical hearing, 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.
On account of virtual hearing, entry of lawyers in the High Court premises is not required unless any advocate is permitted for physical hearing in any extremely urgent matter.
Regarding District and Subordinate Courts and Tribunals in UTs of Jammu & Kashmir and Ladakh, it has been directed that entry of litigants, public and clerks of the Advocates into the court premises from the very outer gate shall be strictly prohibited and for filing of cases, the Presiding Officers shall create a dedicated email address of their respective courts and make it available to the advocates/litigants by posting the same on the website of their District Courts concerned or through any appropriate electronic mode.
It is further directed that Principal District & Sessions Judges shall categorise the emergent nature of cases of their respective courts and the courts subordinate to them which shall be taken up for hearing through virtual mode.
Physical hearing in respect of any listed matter will be at the discretion of the Judge concerned subject to the satisfaction of the Judge regarding extreme urgency involved in such matter.
In order to decongest the sections/offices of the courts, the officials working in the Subordinate Courts, shall be permitted to function in batches with 50 percent reduction on rotation basis. The roster in this regard, shall be formulated by the concerned Presiding Officer of the Court.
For smooth hearing of the cases through virtual mode, the Presiding Officer of the concerned court shall create a link and provide the same to the advocates/litigants by making it available on the website of the District Court concerned or through any appropriate electronic mode.
On account of virtual hearing of cases, entry of lawyers in the District Courts/Subordinate Courts premises is not required unless any advocate is permitted for physical hearing in any extremely urgent matter.
SC advances summer vacation
NEW DELHI, Apr 26: The Supreme Court today decided to advance its summer vacation, which will now commence from May 8 in view of sudden surge in COVID-19 cases.
Chief Justice N V Ramana on his first working day held an “emergent meeting” with bar bodies including Supreme Court Bar Association (SCBA), Supreme Court Advocates on Record Association (SCAORA) and Bar Council of India to take stalk of rising COVID situation.
Senior advocate and SCBA president Vikas Singh said that “it has been decided in the emergent meeting that instead of May 14, the Summer Vacation will now commence from May 8 and would end on June 27”.
He said that the CJI also approved in principle the opening of the COVID care centre in the new chamber building of the Supreme Court.
“SCBA executive council has approached the Delhi Government to inspect the place and submit a feasibility report. Tehsildar Chanakyapuri is already briefed to make arrangements for inspection of the building,” Singh said.
Meanwhile, SCAORA secretary Joseph Aristotle said that CJI has principally agreed to provide suitable area for establishing medical facilities for at least 60 beds and other facilities like RT-PCR test and vaccination.
The SCBA and SCAORA have both requested the Chief Justice to advance the summer vacation in the wake of the rampaging second wave of coronavirus pandemic.
SCAORA’s executive council member Sachin Sharma said that the bar body has written to the Chief Justice of India seeking advancing of summer vacation in view of surge in COVID-19 cases.
In a letter to the newly appointed CJI, SCBA’s Vikas Singh also suggested that additional building on the court premises can be put to use for augmenting Delhi’s already healthcare facilities.
The bar body urged the CJI to urgently approve temporary conversion of the Advocates’ Chamber Block in the additional Supreme Court Complex for use as a Covid-care centre or field hospital.
The SCBA had suggested that the summer vacation can be curtailed by one week so as to limit it to six weeks instead of seven, considering the huge pendency created due to the pandemic.
The Bar body said that in such difficult and unprecedented times, the SCBA has taken the initiative to provide as much aid and support as it can to its members and their families.
However, the lack of medical infrastructure in and around Delhi has hampered the admission of its members and their families in hospitals in this hour of need, the SCBA said. (PTI)
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