Appears to defeat decision to allow physical filing: KHCAA objects to latest Kerala High Court notice on new E-filing system

The Kerala High Court Advocates' Association (KHCAA) has raised concern over the notification issued by the Kerala High Court on Tuesday regarding the implementation of the recently introduced e-filing system. .Some of the conditions incorporated in the said notice are against the solemn understanding reached at a meeting convened with the High Court administration, the KHCAA said..Only 5 Kerala High Court Benches to sit from tomorrow; E-filing to continue, physical filing allowed if E-filing is "extremely difficult".In particular, the KHCAA noted that certain clauses in the notice appears to defeat the assurance by the Court administration that physical filing would also be allowed. .These clauses have been included "apparently to defeat the very purpose of the decision to allow physical filing," it was stated. .In this regard, grievance was raised over the mandate to upload e-copies of physical filings within 45 days and the need for e-filing a memo outlining urgency in order to move a case that has been filed physically. .A statement issued by the KHCAA President, Advocate Thomas Abraham, which has been addressed to Chief Justice S Manikumar, raised the following issues:.The contents of the notice are highly objectionable as several clauses in the same are diametrically against the decisions taken by the Administrative Committee after the prolonged discussion with the KHCAA on May 17. Few of the clauses in the notice are against the very spirit of the decisions taken. The highlight of the May 17 discussion was to permit physical filing without any hurdles from the next day i.e. May 18. This has unfortunately watered down without any justification whatsoever. Only after repeated efforts, could the Registry be persuaded to receive the physical files. This commenced only by around 12.30 pm, leaving only half an hour for filing. Added to this, a threat had arisen that the files would be touched for scrutiny only after four days, "something which was not mentioned a all at any stage of the discussion." In clause 3 of the notice, the gap decided for scrutiny of files filed physically is fixed as one day, without stating any cogent reasons for such unwarranted delay. The notice mandates that e-copies should also be uploaded within 45 days from the date of physical filing and that an undertaking in to this effect should be part of the physical file. "How such a deterrent condition came to be included deserves to be examined by your lordship as the said condition can only result in total denial of right to file a case physically without any rider, whatsoever", the KHCAA said. Clause 7 of the notice provides that to bring up a case filed physically, an urgent memo has to be filed “through E-filing”. This an unwarranted clause, the KHCAA said. The only purpose it can serve is to ensure that an advocate who files physically is harassed by compelling him to file a memo through E-filing, it added. This has been termed as unworkable..The above clauses have been included in the notice deliberately to defeat the spirit of the May 17 discussion and the meaningful decisions taken in the meeting, the KHCAA has said. ."Your lordship may kindly recollect that unconditional acceptance of physical filing, in lieu of e-filing was a decision taken after long deliberations and inclusion of a condition leading to the flouting of the same can only result in our members losing confidence in what we had explained to them as at the assurance given by your lordship and the members of the administrative committee. This situation, we generally apprehend, can only widen the cleavage already created by the improper and illegal introduction of the e-filing rules between the bar and the High Court Administration," the statement adde..As such, the KHCAA has requested that a fresh notice be issued after removing the objectionable clauses. The KHCAA added that it has noticed a deliberate attempt to delay the posting of physically filed cases. "This is also an unhealthy attempt, needless to say, in utter violation of the decisions taken by your lordship and the Administrative Committee in the meeting held with this Association," the KHCAA said..The new e-filing rules had stoked controversy, with various quarters of the Bar objecting to the same stating they were implemented hastily and without due consultation. Apart from the KHCAA, the Bar Council of Kerala (BCK) had also registered protest..The KHCAA had earlier intimated that they would be boycotting the new e-filing system. Following concerns raised regarding the practicality of the rules by the BCK, the Bar Council of India (BCI) had also addressed a letter to the Chief Justice Manikumar, urging that the High Court administration reconsider the new rules.Subsequently, a meeting was held with the administrative committee of the High Court on Tuesday wherein it was understood by the Bar that decision were arrived at resolving the grievances raised by it. Later that day, the High Court came out with the present notice which the Bar has claimed goes against the spirit of the decisions taken at the meeting. .UPDATE: The High Court has since issued a notification revising certain aspects of its earlier May 19 notification. The requirement for filing an e-copy 45 days after a physical copy is filed has been deleted from the notice. Clause 7, which calles for "e-filing" a memo in order to move a case that has been filed phyisically has been deleted. Clause 4 has been revised to delete the words "or e-copy is not uploaded.".[Read the KHCAA Letter] .[Read the Notification regarding revisions to the May 19 notice]