Lok Adalats, Legal Services Progs suspended
*Litigants asked to avoid visits
Mohinder Verma
JAMMU, Mar 16: To prevent spread of Coronavirus (Covid-19), High Court of Jammu and Kashmir has restricted functioning of its both wings to urgent matters only from today up to March 31, 2020 and issued detailed instructions to all the District and Subordinate Courts of Union Territory of Jammu and Kashmir and Union Territory of Ladakh.
Moreover, Lok Adalats, Legal Services Programmes and Media Programmes have been suspended till further orders and Bar Associations and Advocates have been explicitly told to advise the litigants not to visit the courts unless their presence is directed. Even directions have been issued to all the Judicial Officers to sanitize the court buildings and premises on daily basis.
“The functioning in both the wings of the High Court for today up to March 31, 2020 shall be restricted to urgent matters only”, read the circular issued by Registrar General Sanjay Dhar on the directions of the Chief Justice Gita Mittal.
As far as hearing of cases is concerned, the High Court has directed that the advocates, litigants and parties shall mention their matters by providing number and stage of the matters on daily board showing the urgency before the concerned Registrar Judicial through e-mail by 3 pm of the previous day and upon satisfaction about the urgency, the court may hear such matters.
“In all other listed matters dates would be given by the Bench Secretaries and the same shall be communicated through e-courts platform in order to avoid visit of advocates and litigants”, the Registrar General said.
The Bar Associations and the Advocates have been asked to make sure that entry of the litigants in the court is restricted to the cases where the presence is unavoidable and in such cases only one person may be called. “The Bar Associations of both the wings of the High Court shall ensure that there is no crowding in the court complex including the lawyers’ chambers and they shall also defer all their public functions involving gathering”, reads the circular.
The High Court has further asked the advocates to advise their clients not to visit the court unless their presence is directed by the court or is unavoidable.
“Registrar Judicial of both the wings of the High Court shall ensure sanitization of the complexes and availability of sanitizers in court rooms and all other sections of the Registry for the staff and at some conspicuous places in the complexes for the advocates and visitors”, the Registrar General said, adding “thermal screening of the visitors to the court complexes will be ensured through the officials of the Health Department posted in the respective wings of the High Court”.
All official functions involving gathering shall stand deferred and the canteens and the Bar rooms will not remain operational till further orders, the circular further reads.
Even detailed instructions have been issued to all the District and Subordinate Courts of the Union Territories of Jammu and Kashmir and Ladakh for strict compliance.
The Judicial Officers have been asked to take all necessary measures to sanitize the court buildings and premises on daily basis. “It shall be ensured by all the Principal District Judges that sanitizers are available in their respective courts for the visitors as well as staff particularly those manning windows (filing counters, enquiries and front-offices) where there is constant public dealing”, the Registrar General said.
Stating that there should not be crowding in the courts, the Registrar General further said, “thermal scanners (non-touch) be procured at the earliest and the same be put to use at the existing check points of the court complexes”, adding “the District Bar Associations and advocates shall advise the litigants not to visit the courts unless their presence has been directed by the court”.
Advising the courts not to insist upon the personal appearance of the parties unless it is absolutely necessary, the High Court said, “in criminal matters, request for exemption from personal appearance of accused be considered liberally”, adding “the Special Mobile Magistrates shall deal with only urgent matters pertaining to release of seized vehicles and defer all other routine matters for the present”.
“Unnecessary crowding in the lock up be curtailed and appropriate steps in this regard be taken by all the Principal District and Sessions Judges in consultation with the Prison Department authorities”, the Registrar General said, adding “for recording of evidence, grant of remand to the accused/under trials, production of under trial prisoners, the facility of video conferencing be put to use as far as it is possible to do so”.
Even Lok Adalats, Legal Services Programmes and Mediations Programmes have been suspended till further orders. “In case of absence of parties appearing in person or in cases of non-production of witnesses, passing of adverse orders shall be avoided and in final argument matters, as far as possible, written submissions be obtained from the parties/their counsels so as to minimize the time for oral arguments”, the circular further reads.
In civil matters, wherever possible, service of local commissioner be availed of for the purposes of recording of evidence after obtaining the consent of both the parties, the High Court said.
The directions have also been issued for constitution of dedicated team in each District Court Complex for taking stock of the situation on day-to-day basis and to take appropriate remedial steps.
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