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Madhya Pradesh High Court To Resume Physical Hearing From October 25; SOP Issued
LIVELAW NEWS NETWORK
24 Oct 2021 12:00 PM IST
The Madhya Pradesh High Court has decided to resume physical hearing of cases at the Principal Seat in Jabalpur and Benches at Indore and Gwalior from October 25, 2021.An SOP issued in this regard states that it shall be necessary for Advocates / Parties-in-person entering the Court premises to have themselves vaccinated/inoculated by at least the first dose of vaccination.However, Advocates...
The Madhya Pradesh High Court has decided to resume physical hearing of cases at the Principal Seat in Jabalpur and Benches at Indore and Gwalior from October 25, 2021.
An SOP issued in this regard states that it shall be necessary for Advocates / Parties-in-person entering the Court premises to have themselves vaccinated/inoculated by at least the first dose of vaccination.
However, Advocates and Party-in-Person, aged 65 years and above, may make an oral request to the Bench for taking up their case for hearing through virtual mode, and the concerned Bench may consider the request accordingly.
It entrusts the Office of the Advocate General to ensure smooth functioning of the physical hearing of the Cases by deputing an adequate number of government advocates/panel lawyers in the Courts.
The SOP designates every Wednesday and Thursday 02.30 P.M onwards for the final hearing cases, to be taken up after completion of motion work.
It allows Advocates and Party-in-Person to file cases/applications/documents, etc., in physical form at the Presentation Centres / Filing Counters at Principal Seat, Jabalpur, and Benches at Indore and Gwalior. Other than that, cases/applications/ documents, etc., may also be filed through e-filing mode.
The other directions for filing and appearances in light of the spread of the COVID-19 virus, as mentioned in the SOP, are as follows:
(a) It shall be necessary to file an application for urgent hearing in pending cases. However, no application for urgent hearing will be required in freshly filed cases.
(b) Mention Memos should only be presented before the Division Bench-I at Principal Seat Jabalpur and Benches at Indore and Gwalior, as the case may be, as was the practice earlier. Consequently, the facility of DropBox for Mention Memo and e-mentioning through chatbox of 'Jitsi Video Conferencing Platform' is discontinued w.e.f. 25 .10.2021.
(c) It has been observed that Mention Memos, for early listing, are also being submitted in cases that are not urgent. Several Mention Memos are being submitted without assigning any reason whatsoever for urgency. Therefore, Learned Advocates / Parties-in-person are requested to submit Mention Memos only in those cases, which are genuinely urgent. All the Mention Memos should be submitted by assigning brief, specific & pointed reasons, which highlight extreme and genuine urgency.
(d) Facility of removing defaults, physically, at principal seat Jabalpur will continue from the appearance counters, situated in the Administrative Block. Learned Advocates / Parties-in-person and registered clerks may rectify/remove the defaults of their cases physically at the appearance counters.
(e) For Benches at Indore and Gwalior, facility of removal of defaults, physically, from the counters of presentation Centre or any other suitable place, maybe notified separately as per the orders of the Administrative Judge of the Bench.
(f) Defaults in fresh case(s) (which are not even listed once before the Court) can be removed physically at the appearance counters/defaults counters or through E-filing software within the time limit prescribed in the rules. If the defaults are not removed within the specified time limit, fresh case(s) will be listed on the common order/order caption, as the case may be, before the Courts.
(g) Defaults in pending case(s) (which are listed once before the Court under any head such as common order / common conditional order/order caption on default etc.), can be removed physically or through E-filing software within the time limit prescribed by the Court.
(h) Defaults can be removed during the working hours of Registry working days.
(i) Application for adjustment, as to listing cases, maybe filed physically at the presentation center, as per rules.
(j) It shall be necessary for Advocates / Parties-in-person entering the Court premises to have themselves vaccinated/inoculated by at least the first dose of vaccination.
(k) Wearing of gowns by the Advocates appearing before the High Court shall for the time being remain exempted. However, it shall be necessary for the Advocates to wear the Coat and Band.
(l) There shall be a common entry for the Advocates / Parties-in-person / Registered Clerks from specified gates. Specified entry and exit gates will be notified separately for Principal Seat Jabalpur and Benches at Indore and Gwalior.
(m) Library of the High Court shall be open during the Court Hours.
(n) Canteen facility can be started; however, only tea/coffee and biscuits may be sold for the present.
(o) No person/litigant will be permitted to enter the High Court Premises unless the Court has made a specific direction. If the presence of a litigant is directed by the Court, then such litigant will produce a copy of the order directing their presence along with an I.D. 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.
(p) All the stakeholders shall use sanitization devices/washbasins for sanitizing/cleaning their hands. Adherence to all the Guidelines/ Instructions, such as maintaining social distancing, wearing of a mask, proper sanitization, etc., issued time to time by the Central Government /State Government and High Court of M.P., regarding prevention from Coronavirus (Covid-19), will be strictly followed by all concerned.
Click Here To Download The SOP
Read The SOP