Second Covid Wave: Jammu and Kashmir High Court Extends Functioning Through Virtual Mode In HC, District Courts Till April 30

In view of the recent surge in Covid 19 cases, the Jammu and Kashmir High Court this week extended till April 30 the application of its earlier order wherein it was decided that the High Court and District Courts in Jammu and Kashmir will hear cases only through virtual mode.

The modified order issued by the Registrar General of the High Court dated 16th April read thus:

"After taking note of the rising trend of Covid-19 Infection cases and the prevailing situation due to the spread of such infection, the High Court order No. 189 of 2021/RG dated 05.04.2021, is extended up to 30th April,· 2021."

According to the order dated 5th April, it was resolved that, keeping in view the sudden surge in COVID-19 infection cases in the Country and UTs of Jammu & Kashmir and Ladakh, the hearing of cases in the High Court of Jammu & Kashmir as well as in the District and Subordinate Courts and Tribunals shall be conducted through Virtual Mode.

Furthermore, it was directed that the entry of litigants and public into the Court premises from the very outer gate of both High Court as well as District Courts shall continue to be prohibited.

However, the said order also provided that:

"In addition to virtual hearing, the matters may also be taken up for physical hearing, where the learned counsel for both the parties to the lis give their consent for such physical hearing and 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."

As regards to the District Courts, it was directed that the District and Sessions Judge may permit physical hearing in Criminal trials where accused are 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.

Click Here To Read Order Dated 16 April

Click Here To Read Order Dated 5 April