Kerala High Court Advocates' Association warns of disciplinary action against members who continue to use E-filing mode to file cases

The Kerala High Court Advocates' Association (KHCAA) has issued a notice cautioning members of disciplinary proceedings if they resort to filing of cases via e-filing mode in violation of the KHCAA decision of May 16 to filing cases only via physical mode. .The notice dated July 9 said that 'microscopic few' among their members have not confined themselves to physical mode of filing as was decided previously."The blatant indiscipline shown by a few without any justification deserves to be strongly deprecated and they are liable to be subjected to disciplinary proceeding under Rule 13A of the Kerala High Court Advocates' Association Rules 1971," the notice said.Such proceedings will be initiated against them without any further notice of they are not willing to mend their ways, it added..The objection of KHCAA to e-filing stems from the Electronic Filing Rules for Courts (Kerala) 2021 (E-filing rules) introduced by the High Court to regulate the online electronic filing system and facilities which are provided for electronic filing in the High Court. It had met with opposition from the Bar Council of Kerala (BKC) and the Kerala High Court Advocates Association (KHCAA) on various grounds including failure to consult the Bar and address their concerns.On the 16th of May, 2021, they had called for the deferment of the implementation of the E-filing rules with the KHCAA deciding to boycott the rules following a general body meeting held the same day. It was also decided that all training programmes related to e-filing would be boycotted..Kerala High Court Advocates Association decides to boycott E-filing; BCI requests Kerala High Court to reconsider new E-filing Rules.In a letter dated 4th June, 2021, the Chairman of the Bar Council of Kerala, Joseph John, and the President of the Kerala High Court Advocates' Association, Advocate Thomas Abraham had written to the Chief Justice of India, NV Ramana, and to the Chief Justice of Kerala, S Manikumar, requesting that orders be passed for the immediate suspension of the electronic filing system in the Kerala High Court..Just last week, they had addressed yet another letter to Chief Justice S Manikumar and submitted two reports with the findings of the Legal Committee and Technical Committee that were constituted to look into the various challenges of the e-filing system in place currently..The reports claimed that none of the stakeholders, (lawyers, Advocate clerks, and litigants) were allowed to partake in the deliberation before the e-filing rules came into effect. Further it was submitted that there was inadequate computer literacy and/or poor and unstable internet access among the lawyers. .As long as a decision is not made by the KHCAA general body to the contrary, the boycott of e-filing will continue and the notice issued today clarifies that disciplinary action can be initiated against erring members without any further notice.