Kerala High Court Advocates Association decides to boycott E-filing; BCI requests Kerala High Court to reconsider new E-filing Rules

The Bar Council of India (BCI) has issued a statement urging the Kerala High Court to reconsider the recently introduced Electronic Filing Rules for Courts (Kerala), 2021 ("E-Filing Rules")..A meeting of BCI was convened by the General Council on Monday to consider the issue after the Chairman of the Kerala Bar Council wrote to the BCI. .The BCI in its meeting took the view that the Kerala Bar Council has highlighted valid points about the practical difficulties that lawyers and their staff are likely to face due to the introduction of the new E-Filing Rules. .Therefore, it has passed a resolution calling for the reconsideration of the new rules and asked the Kerala High Court's registrar-general to place the same before the High Court's Chief Justice, S Manikumar. ."The Council after discussion and deliberation resolves to make a request to the Hon’ble Chief Justice of Kerala High Court to reconsider/review the E-filing Rules of the High Court and to discuss and deliberate with the representatives of State Bar Council before finalising and notifying such rules," read the BCI resolution. .Meanwhile, the Kerala High Court Advocates' Association (KHCAA) has decided to go ahead with the boycott of the e-filing rules following an extraordinary general body meeting held on Monday. All training programmes related to e-filing will be boycotted, the KHCAA stated. The association further opined that the implementation of e-filing in a hasty manner, without resolving issues raised, including that of the clerks, is objectionable.The KHCAA took the decision citing the High Court administrative committee's failure to take a favourable decision on the issue despite the request of the association. .In its statement, the KHCAA, however, added that it welcomes the permission granted for physical filings as well. .There was also an opinion that the exclusion of lower courts from the purview of e-filing rules is a cause for apprehension for the advocates..Following emergent meetings on Sunday, the Bar Council of Kerala and the KHCAA had registered opposition to the immediate implementation of the E-Filing Rules, 2021. Both associations had further decided to refrain from filing any case through e-filing mode on Monday, when the Rules kicked in. .Bar Council of Kerala, Kerala High Court Advocates Association oppose Electronic Filing Rules; to refrain from e-filing tomorrow.Notably, the association has now noted that 126 people filed cases through e-filing today. The KHCAA will be seeking an explanation and taking appropriate action against them, it was stated. .[Read BCI letter]