Hybrid Model of Hearing At Madhya Pradesh High Court From Monday Onwards, Lawyers Free To Choose Mode of Appearance

The Madhya Pradesh High Court has switched to a hybrid model of hearing with an option to the advocates and party-in-person to appear either physically or virtually in urgent matters. As per the freshly notified Standard Operating Procedure, the said mechanism will be effective from Monday onwards at Principal Seat Jabalpur and Benches at Indore and Gwalior. There will be specified entry and exit gates for all advocates as notified by the respective benches. The procedures require all appearing advocates to be vaccinated at least with the first dose of vaccination.

For appearing through either means- physical or virtual, no prior option is required.

Resuming physical hearings, the Court will also continue its practice of taking appearances through a link generated via the dashboard of the e-cause list. The system of e-mentioning for urgent listing of matters will continue via the chatbox of 'Jitsi Video Conferencing Platform' in the prescribed format as mentioned on the High Court website.

While issuing fresh Standard Operating Procedures, the High Court has requested advocates and parties-in-person above 60 years of age and having co-morbidities to appear only through virtual mode. It also gave the option to the advocates to jointly request the Bench for physical hearing in cases of Final Hearing.

Other guidelines for a physical appearance include entering the premises only if their case is listed, maintaining social distance, and regulation of advocates in Court Rooms as per space availability. The procedures suggest that advocates and parties in person should wait for their turn outside the Court Room by maintaining physical distancing and enter in the Court Room only when their cases is likely to be called out within the subsequent 10 to 15 cases in the list.

The SOP reads,

"No person/litigant will be permitted to enter the High Court Premises unless there is a specific direction by the Hon'ble Court. In case, the presence of a litigant is directed by the Hon'ble Court, then such Page 4 of 5 litigant will produce copy of the order directing his/her presence along with an ID proof at the entry gate of the High Court. Entry of unauthorized persons in the High Court premises is prohibited. Bar Associations shall render due assistance in this regard."

Continuing the e-filing facility and barring physical filing through counters, it has introduced a new facility of Drop Boxes near the Presentation Centers where petitions, cases, applications, etc., may be dropped for filing. The dropbox can also be used to submit mentioning memos from 10.30 AM to 11.00 AM.

Observing that mentioning memos are being filed without any reason or urgency, the High Court urged advocates and party-in-person to submit mentioning memos in genuinely urgent matters. It notes that in the absence of reason of pressing urgency, the memo will not be entertained.

The High Court will continue with removing defaults, physically, at Principal Seat Jabalpur from the appearance counters situated in the Administrative Block. A separate notification for the facility of removal of defaults, physically, from the counters will be notified for Benches at Indore and Gwalior.

However, the defaults in a fresh case (a case not even listed once before the Court) can be removed physically at the appearance counters/defaults counters or through e-filing software within seven Registry working days. In case the defaults are not removed within seven Registry working days, fresh case(s) will be listed on the common order/order caption, as the case may be.

In cases where there are defaults in pending case (a case which is listed once on common order /common conditional order/order caption on default before the Court), the same can be removed physically at the appearance counters/defaults counters or through e-filing software within the time limit prescribed by the Court.

The Court has also exempted wearing of gowns by the Advocates appearing before the High Court for time. However, it is necessary to wear the coat and the band.

The SOP emphasizes the use of sanitization devices/washbasins for sanitizing/cleaning their hands, maintaining social distancing, wearing a mask; It states that ordinarily, entry of vehicles will not be permitted inside the High Court Premises. 

Click Here To Read/Download SOP