Srinagar, Feb 04 : The High Court on Thursday ordered resumption of physical hearings in all the Courts of UTs of J&K and Ladakh after putting proper SOPs in place.
As per News Agency (KDC), after 10 months of restrictive hearing in view of the pandemic, the Courts across J-K and Ladakh are set to commence regular physical hearing from February 8.
As per the notification issued by the Chief Justice of the high court, the decision to open physical hearing has been made in the wake of the effect of the pandemic subsiding.
An order issued in this regard reads, “Keeping in view the latest SOPs of the Government of India and Government of UT 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, by virtue of Full Court Resolution dated 31.05.2020, in modification of the previous orders/circulars on the subject issued by the High Court of Jammu and Kashmir from time to time, 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 UTs of Jammu & Kashmir and Ladakh shall resume with effect from 08.02.2021.”
It further reads, “However, with a view to ensure that there is no complacency against the spread of COVID-19 infection, following protocol shall be observed:
All latest SOPs of the Central and UT Government regarding gathering at public places shall be followed in letter and spirit. With effect from 08.02.2021, Advocates shall be allowed entry into the Court premises. However, Advocates shall themselves 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. On entry into the Court building, Advocates shall strictly maintain the social distancing SOPs while waiting for hearing of their cases. They shall not huddle either in the well or in the gallery outside the Court Rooms. As and when their cases are finished they shall make an endeavour to leave the court premises at once. Entry of the Advocates into the Court rooms shall be regulated case wise. General entry in Court rooms shall continue to remain prohibited. Only such Advocates shall be allowed entry into a Courtroom as may be representing a party in a given case up to the maximum of two Advocates for each party. As and when a case is called/displayed on a Display Board fixed outside the Courtroom, the appearing Advocates may enter the Courtroom and shall maintain a distance of six feet between themselves. In the gallery, outside the Court rooms, at the most, Advocates representing the parties in other two following cases according to serial number in the cause list shall wait for their turn, again maintaining the requisite distance. As and when the Advocates finish their case in the Courtroom and exit it, they shall immediately leave the gallery and not stand there.
“Entry of Clerks and Agents of the Advocates into the Court rooms shall continue to be prohibited for the time being. Entry of litigants and public into the Court premises from the very outer gate shall continue to be prohibited. If, however, 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. If and when any such application is made by any litigant, the Registrar Judicial/Presiding Officer concerned shall consider the same. And, if satisfied, may permit such litigant to enter into the Court premises and inform the litigant of such order by return email. A copy of such order shall also be sent by the Registrar Judicial/Presiding Officer concerned to the in charge, Security at the main gate of the Court premises for necessary action. If in a given case one of the party appearing through Advocate insists for virtual hearing for any reason such as inability to appear physically, the Court may, if necessary, permit him/her to argue through virtual mode and the other party may present this/her case physically or the 1.matter may be adjourned with consent of the parties provided that advance notice for such virtual hearing is given to the concerned Bench Secretary at least a day before.”
“Entry of the clerical staff of the Advocate General’s office or of any Standing Counsel of any Department or any Government Officer shall continue to be prohibited in the Courtrooms for the time being, unless specifically summoned or called by any Court.”
