Hybrid Hearing From July 5, Only First Jab Takers To Get Court Entry: Rajasthan High Court Modifies Functioning Modalities
The Rajasthan High Court has issued a fresh Notification for regular hearing of cases in Rajasthan High Court from July 5, 2021 till further orders both by physical presence and video conferencing (hybrid mode).This notification comes after the Rajasthan High Court recently suspended its earlier decision to resume the regular hearing of cases from 28th June 2021 in a hybrid manner. In its...
The Rajasthan High Court has issued a fresh Notification for regular hearing of cases in Rajasthan High Court from July 5, 2021 till further orders both by physical presence and video conferencing (hybrid mode).
This notification comes after the Rajasthan High Court recently suspended its earlier decision to resume the regular hearing of cases from 28th June 2021 in a hybrid manner.
In its earlier decision, the High Court had decided to permit entry into the court premises only to those persons who have completed 14 days after their second dose of Covid-19 vaccination.
Now, it has been decided that entry in the court premises will be permitted only to the persons who have taken 1st dose of Covid-19 vaccine.
A web portal on the website of Rajasthan High Court (https://hcraj.nic.in) has been provided for learned Advocates and Parties-in-person to upload their Vaccination Certificates.
The Vaccination certificate of the Advocates' Clerk will be uploaded through the concerned Advocate with whom he is registered. After verification of vaccination certificates, online authorization cards and SMS will be issued which is required to be shown at entry gates.
Detailed process to upload the vaccination certificates with screenshots is enclosed. For early issuance of online authorization Card and SMS, all concerned are requested to upload their vaccination certificates at the earliest to avoid any inconvenience.
Earlier, the physical hearing of cases was to resume in Rajasthan High Court on June 28, after a gap of almost three months during which cases were being heard through video conferencing.
This decision was opposed by the Bar Council of Rajasthan in its letter addressed to the Chief Justice of Rajasthan High Court.
"The above restriction of advocates to enter into the court premises is having no proper reasoning as majority of the lawyers are not vaccinated for 2nd dose across the state for the circumstances beyond their control. Kindly consider that there is no such restriction by the State for movement of an individual", the letter stated.
Functioning Modalities
"All the Benches of High Court shall function regularly in hybrid mode from 10.30 AM to 4.30 PM with lunch break from 1: 00 PM to 2:00 PM. Hearing of the matters shall be permitted both through physical appearance and video conferencing. In view of prevailing conditions, as a preventive measure, all concerned may prefer virtual mode of hearing", the notification stated.
The notification also permitted hearings to be conducted simultaneously through physical appearance as well as video conference in a given case. Lawyers can choose to appear either virtually or physically in a proceeding after a prior notice.
A web portal has been launched on the official website of the Rajasthan High Court (https:/ftrcraj.nic.in) for lawyers and litigants to upload their final vaccination certificates. The final vaccination certificates of Advocates' Clerks have to be uploaded through the concerned Advocate with whom he is registered. After verification of vaccination certificates, online authorization cards and SMS shall be issued which has to be mandatorily shown at the entry gates. The detailed procedure for uploading such vaccination certificates have been enclosed in the notification.
- Other than parties-in-person, only such litigants will be permitted entry in court premises for whose presence, specific directions have been given by the Hon'ble Court. Such litigant shall produce copy of the order of Hon'ble Court directing his physical presence and the final vaccination certificate.
- Advocate Clerks would be permitted to enter the premises through identity cards only and after verification of their final vaccination certificate.
- Entry of Advocates in court premises would be through e-pass. E-Passes shall be issued to the Advocates who have to appear in the court for the purpose of hearing and ancillary purposes. These passes will remain valid for a particular day and the entry will be strictly upon presentation of the E-Pass.
- Personal presence of accused persons in Appeals/Revisions shall stand exempted till further orders.
- Entry of law interns in the court premises is strictly prohibited.
- No person without mask shall be allowed to enter and move around in the premises.
Procedure for hearings conducted through video conference:
- The concerned Court Master will send the link for video conferencing to the Advocates via SMS/email on the registered mobile number and email address.
- Advocates can verify their mobile number and email address registered in the High Court CIS by using the option 'Advocate details' in e-Services Menu on Home Page of the web site of Rajasthan High Court (www.hcrai.nic.in). If they require any change or addition they may send email on dedicated email addresses as shown on the web site.
- There will be no separate time slot for hearing of cases through video conferencing. Such cases would be taken up as per their tum as specified in the cause list. Advocates and parties have to remain ready for video conferencing well in advance according to the Display Board.
- If any Advocate does not turn up in first round, the case may be passed over for second round.
Procedure for physical hearing of cases:
- For maintaining sufficient distance between court rooms, subject to location of the court rooms, either even or odd number court rooms shall be used. In the Courtrooms, keeping in view the size of the rooms, chairs shall be kept maintaining social distancing by reducing the number of chairs.
- The vacant court rooms would be utilized for sitting of the lawyers by providing limited chairs, with requisite distance. Benches in the court corridors would be arranged maintaining social distancing. It must also be ensured that gathering even in small groups in the entire premises is avoided.
- Only those Advocates shall be allowed in the court room who have to argue/present the case. No Advocate should be present in the court room with the purpose of seeking pass-over. Senior Advocates are advised to take assistance from only one Advocate. Advocates other than Senior Advocates are advised to come alone in the court room.
- At any given time, Advocates relating to the case being taken up and next four cases on the list only are advised to remain present in the court room.
Procedure for E-filing:
- All fresh matters can be filed physically or by e-filing. During physical filing, all precautionary measures including social distancing as mentioned in Central & State Government Advisory shall be strictly followed in filing section. In view of the prevailing conditions e-filing may be preferred.
- E-filing can be made on the E-filing portal as per Notification dated 08.04.2020 available on the website of Rajasthan High Court. The link of E-filing portal (https://efilin.ecourts.gov.in/raj) is available on the Home Page of web site of Rajasthan High Cout in e Services Menu. User Guide and Help Videos for E-filing are available on the E-filing portal.
Procedure for online payment of Court Fees:
- Payment of Court Fees may be made through E-Pay facility, the link of which (https://pay.ecourts.gov.in/epay) is available on Home Page of website of Rajasthan High Court in eServices Menu. All concerned may prefer e-pay facility as a preventive measure.