Courts in J&K, Ladakh to resume physical hearings from July 5

According to an order issued by Registrar General, J&K High Court, Jawed Ahmad, the courts shall switch over to a physical mode of hearings in view of the latest Covid19 Special Operating Procedures and decline in coronavirus cases.

Till July 5, the virtual mode of hearing has been extended in all courts.

However, to ensure that there is no complacency against the spread of COVID-19 infection, the order indicates that all latest SOPs of the Central and UT Governments regarding gathering at public places shall be followed in letter and spirit.

While the order underlines that from July 5 advocates shall be allowed entry into the Court premises, it says they themselves should restrict their entry in a manner that only those would 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.

“The advocates into the court rooms shall be regulated case wise and general entry in court-rooms shall continue to remain prohibited. Only those advocates, staff members and any other stakeholder will be permitted entry in the court  premises who have been vaccinated,” the order said

While the order underscores that entry of clerks and agents of the advocates into the court-rooms shall continue to be prohibited, for the time being, it says the entry of witness(s) and accused person(s) shall be permitted in District and Subordinate Courts subject to strict compliance of latest SOPs pertaining to the containment of Covid- 19 and vaccination.

The order points out that entry of litigants and the 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 in a given case one of the party appearing through Advocate insists for virtual hearing for any reason of his inability to appear physically, the Court may, if necessary, permit him/her to argue through virtual mode and the other party may present his/her case physically or the matter may be adjourned with the consent of the parties provided that advance notice for such virtual hearing is given to the concerned  Bench Secretary at least a day before.

“The 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 Court rooms for the time being, unless specifically summoned or called by any Court.

“The relaxation of entry into the Court premises shall be only 09.30 am till 05.00 pm on each working day so as to enable the sanitizing teams assigned for the purpose to carry out sanitization of the premises according to the standing procedures in that behalf," it added.

The order permits canteens located in the premises of the court complexes to run from 05.07.2021  subject to 50% sitting capacity and strict observance of all the relevant SOPs and instructions.

“The Registrars Judicial of the High Court/PDJs shall ensure that the latest SOPs and instructions on the  subject issued by the Central and UT Governments and the protocol herein set by the High Court are strictly adhered to and in that behalf all necessary arrangements are made in the Court premises," it deliberated.