Chhattisgarh HC & Subordinate Courts To Resume Regular Functioning From May 18; Guidelines Issued [Read Order]

Pertinently, the summer vacation of the High Court was scheduled to end on June 12, 2020 however the same was cancelled vide order May 7, 2020.

The following guidelines have been issued to avoid the spread of pandemic in the court premises:

• Limited number of cases (fresh cases and more than 05 years old cases, targeted for hearing and disposal).
• If any lawyer finds practical difficulty in regular filing, it can be done through e-filing and the said case will be listed before an appropriate bench as per the roster on such date and time as approved by the Hon'ble Chief Justice.
• Only those lawyers whose cases are listed or those who want to file cases/ documents would be allowed.
• Only one clerk for one team of lawyers would be allowed. This is not applicable for AG/ASG office.
• At the most, two lawyers per case would be allowed. This is not applicable for AG/ASG office.
• Litigants, unless directed to appear personally, shall not be allowed entry. This is not applicable forAG/ASG office.
• Photocopiers/ Typists shall not be allowed entry.
• Any lawyer, litigant, officer, clerk, driver who has come from outside the State after 01.04.2020, shall seek permission of RG/ designated authority a day before.
• No one shall be allowed entry in the office area except filing/ copying/default removing counter.
• No refreshment/ tea/ food stall shall be allowed. Those permitted entry are advised to come with their own arrangement of eatables/ water. However, water dispenser would be allowed in the court premises.
• Thermal screening is necessary; Masking of face and social distancing will have to be strictly followed. Any violation may result in denial of entry in future; Spitting, loitering etc. are strictly prohibited; Dust bins should be used for disposal of waste papers/ paper napkins.

Ina addition to the above, it is intimated that at Subordinate Courts in the Green & Orange Zones will operate in the following manner:

a) Courts of HJS- from 11.00 A.M. To 02.00 PM

b) Court of LS- from 02.00 P.M. To 05.00 PM

For Subordinate Courts in the Red Zone it is instructed they will function as they were functioning during lockdown period or as per the directions issued by the District Judge concerned/Principal Judge/Judge of the Family Court/Judge- Commercial Court/Special Judge (SC/ST), Member Judge (Industrial Court), Judge (Labour Court) etc., from time to time.

Examination of witnesses

• As far as possible, taking of evidence with physical presence may be kept in abeyance till normalcy is restored and the summoning/presence of witnesses Shall be avoided. So also the presence of the accused need not be insisted except under the compelling circumstances and to be done in accordance with law, preferably through Video Conferencing. It shall be for the District Judge concerned to formulate ways and means and take necessary steps to an appropriate extent. It will be carried out only in those urgent matters as and when decided by the Presiding Officer of the concerned Court.
• It shall be open for the District Judge concerned/Principal Judge/Judge of the Family Court/Judge- Commercial Court/Special Judge (SC/ST), Member Judge (Industrial Court), Judge (Labour Court) etc. to deploy requisite extent of the staff (on rotation or otherwise) to get the work done maintaining the social distancing norms.

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