Jammu & Kashmir High Court Decides To Suspend Physical Hearing In All Courts Till April 18

Physical hearing stands suspended in J&K High Court as well as in the District and Subordinate Courts and Tribunals, and the proceedings shall be conducted through Virtual Mode.

Directions for J&K HC

• Entry of litigants and public into the Court premises from the very outer gate shall continue to be prohibited.
• In addition to virtual hearing, the matters may also be taken up for physical hearing, where the learned counsel for both the parties give their consent for such physical hearing.
• If counsel for either party declines or fails to give such consent in that event the roster bench may consider the request of other counsel for physical hearing.
• Advocates concerned in a particular case, who intend to get their case listed for physical hearing, shall give written consent for physical appearance and provide the requisite detail of the case to the concerned Registrar Judicial through e_mail at least two days before the date of listing.
• The Registrar Judicial concerned, then, shall provide list of such counsel whose cases are listed for physical hearing, well in time to the In-charge Security at the main gate to facilitate entry of such counsel.
• In order to decongest the sections I offices, I Courts, the officials shall be permitted to function in batches with a 25 percent reduction on a rotation basis.
• The staff on duty and the counsel appearing physically in Court shall take · necessary precautions, ensure physical distancing, wearing of mask, and observance of SOPs and guidelines issued by the respective Governments from time to time.

Directions for District and Subordinate Courts and Tribunals in UTs of Jammu & Kashmir and Ladakh

• Entry of litigants and public into the Court premises from the very outer gate shall continue to be prohibited.
• Pr. District & Sessions Judges, taking into consideration the urgency involved, apart from virtual hearing, may, where the learned counsel for the parties I parties in person involved give their consent to appear for the physical hearing, permit physical hearing in Criminal trials where the accused is in Custody, Matrimonial Cases, MACT Cases, Cases under Section 138 of the Negotiable Instruments Act, Compromise matters or in any other matter as deemed desirable in the courts under their jurisdiction.
• The courts under the supervision of concerned Pr. District & Sessions Judge, shall devise their own mechanism for the listing of cases for physical hearing after taking consent of respective counsel, subject to their own assessment of prevailing local conditions including the intensity of COVID-19 infection.
• The staff on duty in courts and the counsel appearing physically shall take necessary precautions, ensure physical distancing, wearing of mask and observance of SOPs and guidelines issued by the respective Governments from time to time.
• In order to decongest the sections/ offices of the Courts, the officials working in the Subordinate Courts, shall be permitted to function in batches with 25 percent reduction on a rotation basis.
• The roster in this regard, shall be formulated by the concemed Presiding Officer of the Court.
• The officials, who as per the roster are not on duty in the office, shall not leave the station and shall remain available on telephone and electronic means of communication at all times.

These directions shall remain in force till 18th of April 2021 unless reviewed earlier.

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