Madras High Court Allows Subordinate Courts In Tamil Nadu, Puducherry To Function In Full Capacity With No Limitations/Restrictions From Feb 8

The Memorandum has been issued after assessing the prevailing situation of COVID-19 Pandemic in the State of Tamil Nadu and Union Territory of Puducherry, and the present functioning of Subordinate Courts in the State of Tamil Nadu and Union Territory of Puducherry.

The Memorandum states,

"No limitations or restrictions are centrally imposed for functioning of the Subordinate Courts (in the State of Tamil Nadu and UT of Puducherry) in full capacity (pre-COVID pandemic stage) w.e.f. 08.02.2021"

It further states,

"It is open to the Principal District Judges to decide on the mode and manner of functioning, depending on the situation prevailing in their respective District, or even in a particular Taluk."

The Memorandum issued by the Registrar General of Madras High Court directs the Principal District Judges/District Judges in the State of Tamil Nadu and the Chief Judge, Puducherry to ensure better functioning of Subordinate Courts, without compromising on the COVID protocol.

Standard Operating Procedures (SOP) [only indicative in nature]

Under the SOP, it has been directed that before resuming physical functioning of Courts in full capacity (pre-COVID stage), entire Court halls. Chambers of Hon'ble Presiding Officers, entire Office space, Corridors. Advocates Chambers are to be thoroughly cleaned and sanitized by taking all requisite measures.

The Local Administration has been requested to depute sufficient number of Paramedical staff for doing Thermal Screening of all Judicial Officers, Staff, Advocates and litigants, entering into the Court campus.

• Sanitization of corridors, office space, rest rooms, etc., has to be done at least twice a day, for which necessary arrangements have to be made.
• There shall be one or two entry for the Officers, staff and litigants, depending upon the local requirement.
• Everyone, who enters the Court campus must strictly follow the advisories and directives of the Central and State Governments as to maintaining hygiene, social-distancing and avoid overcrowding in the campus.
• Entry into the Court campus shall be permitted only after hand wash with liquid soap at the entry points, screening by thermal scanners and wearing of masks.
• Persons with symptoms of COVID-19 during thermal scanning shall be denied entry. Persons without mask shall be denied entry into the court campus.
• The Advocates, Litigants, Advocate Clerks shall be permitted entry to the Court campus/Court Halls only in the following manner:
• a. Only the Advocates whose names are found in the cause list and at the best one client per case,
• b. Parties who are summoned by the court / required to be present to adduce evidence / witness in a case,
• c. Registered Advocate Clerks are permitted for carrying heavy case files of the Advocates to whom they are attached.
• Over crowding of Advocates or parties in court halls, sections, corridors and in any common place is strictly prohibited.
• Principal District Judges and Chief Judicial Magistrates shall take necessary steps for smooth functioning of Courts through Physical hearing with an option of Video Conference by following SOP/guidelines issued by the Government of India and State Government.

The Principal District Judges have been given the liberty to modify or relax any condition/impose any restriction depending upon the local requirements 'subject to guidelines issued for prevention of COVID-19 by State and Central Governments.

In related news, the Registrar General of Madras High Court last month released an Official Memorandum informing that the Administrative Committee of the Madras High Court has resolved that subordinate courts in Tamil Nadu can proceed with physical hearings from Monday (18^th January, 2021).

The Punjab & Haryana High Court recently asked the District & Sessions Judges in the State of Punjab, Haryana and U.T. Chandigarh to permit the physical hearing in all categories of cases subject to their own assessment of prevailing local conditions including the intensity of spread of COVID-19 Pandemic.

Click Here To Download Official Memorandum

Read Official Memorandum