Calcutta High Court Decides To Resume Normal Functioning From December 7

The Order has been passed by the Chief Justice TBN Radhakrishnan upon consideration of the recommendations of the COVID Committee of the High Court Hon'ble Court.

The Notification states that in view of the present situation and keeping in mind that both the metro railway and the suburban railways have resumed services, the full complement of judges will sit in the high court with the usual determination from Monday (7^th December).

The Orders of the Chief Justice as stated in the Notification include:-

· COVID protocol, as recommended by the State Government from time to time, must always be maintained.

· No crowding inside the courtrooms will be permitted. Distancing norms must be maintained in the corridors.

· Only persons who have business should come to court, others should exercise restraint and not visit the court precincts unless unavoidable.

· Lawyers' staff should, ordinarily, not accompany the lawyer in court. At any rate, no lawyer should allow more than one member of staff to be in court

· Setting up of "Serestha" in the corridors will not be permitted in any circumstances.

· Bar-rooms may be opened, but no more than 40 per cent of the sitting capacity in any room should be present in such room at any given point of time. This has to be self-regulated.

· In case of overcrowding in the courtroom, the judges may suspend work in such courtroom. In case of overcrowding in the corridors or Bar-rooms, the judicial business may be stopped or suspended for the rest of the day.

· Judicial work will be taken up from 10.45am to 1.00pm and from 2.00pm to 4.00pm.

· All motions will be heard in the hybrid mode. Only lawyers representing the State or the Union may be physically present; lawyers representing the other parties will avail of the virtual mode.

Further, it has been directed that Bar-rooms should remain closed and open only on December 7, 2020. The Administration will ensure sanitisation of all rooms, including Bar-rooms, at least twice before December 7, 2020 and, thereafter on a weekly or need-based basis.

The Order also states that "Except for matters pertaining to the Circuit Benches at Port Blair and Jalpaiguri, all other matters have to be filed physically."

District Courts

The Order states that every effort should be made to resume normal functioning in the courts, depending on the situation prevailing in the relevant city or town. Matters other than final hearing matters should be encouraged to be conducted on the virtual mode by parties other than the State and the Union.

It also states that Final hearing matters, including criminal trial and civil suits, should resume as expeditiously as possible. All courts should enforce the COVID protocol and ensure the presence of all employees, subject to any rotational duty policy that the District Judge may adopt. No matter should be adjourned without a returnable date being immediately indicated.

It also states that at all Sadar and Sub-divisional court complexes a database of the e-mail IDs and mobile phone numbers of all lawyers should be prepared within December 31, 2020.

It has been directed that ordinarily, matters should not be dismissed for default, both in the High Court and in the Subordinate Courts, except upon giving cogent reasons recording the deliberate avoidance or recalcitrance of the party or parties absent. Similarly, extreme caution should be exercised before passing any ex parte order.

Click here to download the Official Notification