Srinagar, Mar 22: A local court here on Monday issued new protocol in wake of the ongoing COVID-19, stating that entry of litigants and public into the Court premises from the main gate shall continue to be prohibited while only those Advocates can enter the Court building on a given day whose cases are listed on that date before any Court at District Court Complex Srinagar.
In this regard, a notification was issued by Principal District & Sessions Judge, Srinagar. The notification has been issued in compliance of order No: 121 of 2021/RG dated 21-3-2021 issued by Hon’ble High Court of Jammu and Kashmir.”
“Attention of litigants, lawyers and public in general is invited to Order No: 121 of 2021/RG dated 21.3.2021, whereby the Hon’ble Chief Justice Common High Court of J&K and Ladakh has been pleased to direct that entry of litigants and public into the Court Premises from the very outer gate shall continue to be prohibited. If, however, 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.”
“If and when any such application is made by any litigant, the Registrar Judicial/Presiding Officer concerned shall consider the same and, if satisfied, may permit such litigant to enter into the Court Premises and inform the litigant of such order by return e-mail. A copy of such order shall also be sent by the Registrar Judicial/Presiding Officer concerned to the Incharge, Security at the main gate of the Court premises for necessary action,” the notification said.
It added that in order to ensure strict compliance to the directions issued herein-above, the following guidelines are hereby issued for lawyers and litigants to be complied with in letter and spirit: All the latest SOPs of the Central and Union Territory of J&K Government regarding gathering at Public places shall be followed in letter and spirit.
“Ld. Advocates shall be allowed entry into the Court premises. However, the Advocates shall themselves restrict their entry in a manner that only those Advocates enter the Court building on a given day whose cases are listed on that date before any Court at District Court Complex Srinagar including Pantha- Chowk,” the notification reads.
“On entry in to the District Court Complex Srinagar, Advocates shall strictly maintain the social distancing SOP’s 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,” it further reads.
“Entry of the Advocates into the court rooms 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 as may be representing a party in a given case upto the maximum of two Advocates for each party. As and when a case is called/displayed on a Display Board fixed outside the Court Room, the appearing Advocates may enter the Court room and shall maintain a distance of six feet between themselves. In the gallery, outside the court rooms, at the most, Advocates representing the parties in other two following cases according to serial number in the cause list shall wait for their turn, again maintaining the requisite distance. As and when the advocates finish their case in the Court room and exit it, they shall immediately leave the gallery and not stand there,” it added.
Entry of Clerks and Agents of the Advocates into the Court rooms shall continue to be prohibited for the time being, the notification reads.
“Entry of litigants and public into the court premises from the main gate shall continue to be prohibited. If, however, any litigant on any reasonable ground is compelled to argue his case personally, he shall be allowed subject to the condition that he makes an application at least two days either through his lawyer or on e-mail id: [email protected] prior to the date of hearing to the concerned Court/Presiding Officer of the Court in which his case is pending disclosing such reasons and seeking permission in that regard. If and when any such application is made by any litigant, the Presiding Officer concerned shall consider the same and if satisfied, may permit such litigant to enter into the Court premises and inform the litigant of such order by return e-mail. A copy of such order shall also be sent by the Presiding Officer concerned to the Incharge, Security at the main gate of the Court premises to facilitate his entry on the given date. In case of witnesses, the Presiding Officer of the concerned Court shall be competent to regulate the entry to avoid inconvenience to the witness with due regard to the preventive measures of Covid-19 Pandemic,” it reads.
The notification further added that if in a given case one of the party appearing through Advocate insists for virtual hearing for any reason such as 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 consent of the parties.
“The Filing Counter in the District Court Complex Srinagar including Pantha Chowk shall remain functional on all working days with full manpower.”
“The cause list of every Court at District Court Complex Srinagar shall be available on Internet/e-Court Services App for convenience of litigants, however the hard copy shall also be kept available in the Court Room.”
“The aforesaid relaxation of entry into the Court premises shall be only between 09.30 am to 05.00 pm on each working day so as to enable the sanitizing teams assigned for the purpose to carry out sanitization of Court Complex according to the standing procedures in that behalf.”
“The Canteens located in the premises of the Court Complex are also permitted to be run subject to the strict observance of all the relevant SOPs, instructions etc. referred to hereinabove. However, the Canteen holders shall restrict/reduce the attendance of their workmen to 50% of their respective roll of employees. They shall furnish the list of their employees and their daily work roster for maintaining 50% attendance to this office (PDJ Office) who shall provide an authenticated copy of such daily work roster to the Incharge Security at the main gate of the Court Complex so as to enable them to identify these civilian employees and to allow them to enter into the District Court premises.”
The Petitioner Writers, Stamp Vendors, Typists, Amin-e-Adalats and Photostat operators working in District Court Complex in the Petition Writers’ Building shall reduce the working strength by 50% and shall also ensure social distancing as directed herein above. The copy of the Roster shall be handed over to the Chief Administrative Officer of this Court forth with to regulate entry at the main gate, it said.
For convenience of lawyers and litigants, the detailed information with regard to helpdesk comprising of Civil and Criminal Ahlimads of each Court, with their Cell Nos. is appended herewith, so that any query regarding the status of the case is responded quickly by the Civil and Criminal Ahlimads without any delay. The Presiding Officers shall monitor the working of the Helpdesk, it added.
Secretary DLSA shall be contacted on Cell Nos: 9419167570, 9697724692 and 7889400594 for Free and Competent Legal Services.
All the Presiding Officers shall ensure that the cases are uploaded with proper business (updated orders) on Case 16. Information System (CIS), so that the litigants do not face any hardship in identifying and locating the status of their cases.
Naseer Ahmad Wafai Chief Administrative Officer and Bilal Ahmad Bhat S.O Administration, to be assisted by two Staff Members shall oversee the implementation of this order at the Main Gate and also coordinate with the Lawyers and Litigants, so that no inconvenience is caused to any Lawyer or Litigant so as to ensure effective implementation of this order, in letter and spirit, it added.
Secretary District Legal Services Authority, Srinagar shall ensure that the preventive measures issued by the Government of Union Territory of Jammu and Kashmir are complied with in letter and spirit in the District Court Complex Srinagar, it said.
