Gearing up to hear extremely urgent cases post lockdown, the Allahabad HC has set-up a couple of Division Benches and a dozen Single Benches which include 3 e-courts. The said urgent Cases will be heard between April 15 April 17, 2020 when the lockdown is expected to conclude.
The move comes after a huge number of filings were taking place everyday during the lockdown.
Keeping in mind the need to curb the spread of coronavirus, following guidelines were issued by the Court in this regard:
- No manual gate pass/ e-gate pass for entry in High Court premises shall be issued, until further orders. Only those Advocates whose case is listed for hearing may apply online for the e-gate pass.
- Courts shall not insist for personal presence of parties unless it is unavoidable. Further, the personal presence, which has already been fixed, are deferred. Thus, Advocates may advise their clients not to visit the High Court unless their presence is directed by the Court.
- Employees and Advocates shall be granted entry in the High Court premises only after thermal scanning. For this, only three gates will be earmarked for entry in the premises and Chief Medical Officer has been requested to ensure that Doctors / Medical Personnels in adequate number are deployed on each entry point.
- All the mediation proceedings shall remain suspended. The proceedings, in which the date is fixed, shall be given next date.
- The Advocates’ Canteen, Bar Association meeting halls and museum of the High Court shall remain closed till further orders. However, their cleaning and sanitization shall be ensured on daily basis.
- No vendor shall be permitted to bring any beverages and food items inside the Court premises till further orders.
- All Judges, employees and Advocates will ensure leaving the High Court premises by 04:00 p.m.
Additionally, one more notification was issued by the High Court intimating the modalities of functioning of various courts and tribunals, if the lockdown is lifted on April 15. These include all the subordinate courts as well as all the Commercial Courts, Motor Accident Claims Tribunals and Land Acquisition, Rehabilitation and Resettlement Authorities across the state. The measures mentioned are:
- Complete sanitization and cleaning of court campuses will be ensured and entry of public at large in the campus will be restricted.
- Only those cases will be taken up which are at the stage of disposal, order, final hearing, remand and bails etc. In other matters, cases will be adjourned by the Presiding Officer and general date may be given.
- Presiding Officer shall not prevent the appearance of parties in the case unless one is suffering from an illness. However, he/she shall, however, have the power to restrict entry of persons into the courtroom. Further, only 4 chairs will be arranged in the courtroom for advocates with proper distance. Mask will be used by everyone who enters the courtroom and sanitizers will be arranged at the door of courtroom. Reader, Clerk etc. will be obliged to follow social distancing guidelines.
- Presiding Officers will decide at least two cases per day basis and advocate are requested to file written arguments for disposal of cases. Only such matters will be finally heard and decided where parties have agreed for hearing without their presence.
- District Judges will adopt the mode of video conferencing, if possible, for disposal of cases.
- There will be a gap of 10 minutes between each case.
A clarification in this regard was also supplied stating that the status-quo shall prevail if the lockdown is extended.
