CJ takes serious note, issues directions to Registrars, POs
Increased footfall enhancing risk of spreading infection
Mohinder Verma
JAMMU, Mar 21: Shocking it may sound but it is a fact that COVID-19 guidelines are not being strictly adhered to in majority of the courts in the Union Territory of Jammu and Kashmir and considerable footfall may lead to spread of infection at an alarming rate.
This has been noticed by none else than the Chief Justice of the Common High Court of Union Territory of Jammu and Kashmir and Union Territory of Ladakh, who has taken serious note of the prevailing situation.
Keeping in view the Standard Operating Procedures (SOPs) of the Government of India and Government of Union Territory of Jammu and Kashmir relating to relaxation in restrictions regarding containment of COVID-19 and also considerable decline in daily number of infection cases, the High Court vide order dated February 3, 2021 permitted physical hearing of cases in all the courts and Tribunals in both the UTs with effect from February 8, 2021.
It was mentioned in the guidelines of the High Court that entry of litigants and public into the court premises from the very outer gate shall continue to be prohibited and if 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.
On satisfaction the Registrar Judicial or Presiding Officer (PO) concerned will grant permission and the copy of the order shall be sent to the incharge security at the main gate of the court premises for necessary action.
Thereafter, with a view to ensure recording of evidence the entry of witnesses and accused persons was also permitted vide High Court order dated February 10, 2021 subject to the strict compliance of latest SOPs pertaining to the containment of COVID-19 infection.
However, Chief Justice Pankaj Mithal has observed that guidelines/directions are not being strictly adhered to resulting in considerable increase in footfall in the court premises thereby enhancing the risk of spread of COVID-19 infection particularly when such infection cases are increasing at an alarming rate.
Keeping in view recent surge in COVID-19 infection cases, the Chief Justice has reiterated guidelines/direction and directed the Registrars Judicial of both wings of the High Court and Presiding Officers (POs) of all courts in the Union Territories of Jammu and Kashmir and Ladakh to strictly implement the guidelines/direction.
“The reiteration of directions assumes importance especially in the light of the fact that surge is being witnessed in the COVID-19 cases across the Union Territory of Jammu and Kashmir and Union Territory of Ladakh during the past one month”, sources said.
The COVID-19 guidelines of the High Court not only cover litigants but the staff and the advocates also. The advocates are required to restrict their entry in a manner that only those enter the court building on a given day whose cases are listed on that day before any of the bench/court. Moreover, they are required to maintain the social distancing while waiting for hearing of their cases. They have also been allowed to file their cases and applications either physically or by virtual mode to check unwanted footfall in the courts.
Moreover, there are restrictions on the entry of clerks and agents of the advocates into the court rooms and clerical staff of the Advocate General’s office or of any Standing Council of any department can enter the court rooms only when specifically summoned or called by any court.
Even canteens located in the premises of the court complexes have been permitted to function while ensuring strict observance of all the relevant SOPs and instructions. The operators of the canteens are required to ensure only 50% attendance of their employees.
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