J&K High Court, Subordinate Courts To Resume Physical Hearing From July 5, Entry Only To Vaccinated People

The Jammu and Kashmir High Court has decided that it shall be resuming physical hearings from July 5, 2021. An order regarding this decision was issued on Wednesday which said:

"The physical hearing of the cases in the High Court of Jammu and Kashmir as well as in the District and Subordinate Courts and Tribunals in UTs of Jammu & Kashmir and Ladakh shall resume with effect from 05.07.2021."

The order further states that only those advocates, staff members, and any other stakeholder will be permitted entry in the court premises who have been vaccinated. 

Entry of Clerks and Agents of the advocates into the Courtrooms will continue to be prohibited for the time being.

Entry of the advocates into the Courtrooms shall be regulated case-wise. General entry in Court rooms shall continue to remain prohibited. Only such advocates shall be allowed entry into a Court room, who may be representing a party in a given case up to the maximum of two 2 advocates for each party.

The notification specifically states that on entry into the Court building, the advocates shall strictly maintain the social distancing SOPs while waiting for hearing of their cases.

"They shall not huddle either in the well or in the gallery outside the Court Rooms. As and when their cases are finished they shall make an endeavour to leave the court premises at once," adds the order.

Only such advocates have been allowed entry into a Courtroom, who may be representing a party in a given case up to the maximum of two 2 advocates for each party.

The order states that entry of litigants and public into the Court premises from the very outer gate shall continue to be prohibited. However, if any litigant on any reasonable ground is compelled to argue his case personally, he shall be allowed entry into the Court premises subject to the condition that he makes an application at least two days prior to the date of hearing through e-mail to the Registrar Judicial/Presiding Officer of the Court disclosing such compelling reasons and seeking permission in that regard.

The order also adds that if in a given case, one of the parties appearing through Advocate insists for virtual hearing for any reason of his inability to appear physically, the Court may, if necessary, permit him/her to argue through virtual mode and the other party may present his/her case physically or the matter may be adjourned with the consent of the parties provided that advance notice for such virtual hearing is given to the concerned Bench Secretary at least a day before.

The Rajasthan High Court has suspended its earlier decision to resume the regular hearing of cases from 28th June 2021 in a hybrid manner. Now, the regular hearing of cases in the High Court shall be only through video conferencing till July 2, 2021.

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