The Jammu & Kashmir (J&K) High Court has decided to roll back its decision to hold physical hearing of cases in the Union Territories of J&K and Ladakh. .All courts in the two Union Territories will hear cases through video conference till April 18 in view of the surge in COVID-19 cases, an administrative order issued by the Jammu & Kashmir High Court on Monday directed..An earlier order issued by the High Court on February 3, permitting physical hearing of cases was kept in abeyance for the time being. "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," the order issued by Chief Justice Pankaj Mithal said. .The order, however, said that matters may also be taken up for physical hearing, where the counsel for both the parties to the case give their consent for such physical hearing.."The entry of litigants and public into the Court premises from the very outer gate shall continue to be prohibited," the order further said. .With regard to High Court, the advocates in a particular case, who intend to get their case listed for physical hearing will have to give written consent for physical appearance and provide the requisite detail of the case to the concerned Registrar Judicial through email at least two days before the date of listing. .With regard to district and subordinate courts, physical hearing can be permitted in criminal trials where accused is /are in custody, matrimonial cases, MACT cases, cases under Section 138 of the Negotiable Instruments Act. The Principal District and Sessions Judge can decide the same taking into consideration the urgency involved and after taking consent of the parties, the order stated. .The staff on duty in courts and the counsel appearing physically shall take necessary precautions, ensure physical distancing, wearing of mask and observance of SOPs and guidelines issued by the respective Governments from time to time, it added..The order also clarified that the directions shall remain in force till April 18, 2021 unless reviewed earlier. .The High Court had, by way of an order issued on February 3 resumed physical hearing in the two Union Territories but the Court was prompted to reconsider the same in view of spike in Covid-19 cases. .[Read Order]
The Jammu & Kashmir (J&K) High Court has decided to roll back its decision to hold physical hearing of cases in the Union Territories of J&K and Ladakh. .All courts in the two Union Territories will hear cases through video conference till April 18 in view of the surge in COVID-19 cases, an administrative order issued by the Jammu & Kashmir High Court on Monday directed..An earlier order issued by the High Court on February 3, permitting physical hearing of cases was kept in abeyance for the time being. "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," the order issued by Chief Justice Pankaj Mithal said. .The order, however, said that matters may also be taken up for physical hearing, where the counsel for both the parties to the case give their consent for such physical hearing.."The entry of litigants and public into the Court premises from the very outer gate shall continue to be prohibited," the order further said. .With regard to High Court, the advocates in a particular case, who intend to get their case listed for physical hearing will have to give written consent for physical appearance and provide the requisite detail of the case to the concerned Registrar Judicial through email at least two days before the date of listing. .With regard to district and subordinate courts, physical hearing can be permitted in criminal trials where accused is /are in custody, matrimonial cases, MACT cases, cases under Section 138 of the Negotiable Instruments Act. The Principal District and Sessions Judge can decide the same taking into consideration the urgency involved and after taking consent of the parties, the order stated. .The staff on duty in courts and the counsel appearing physically shall take necessary precautions, ensure physical distancing, wearing of mask and observance of SOPs and guidelines issued by the respective Governments from time to time, it added..The order also clarified that the directions shall remain in force till April 18, 2021 unless reviewed earlier. .The High Court had, by way of an order issued on February 3 resumed physical hearing in the two Union Territories but the Court was prompted to reconsider the same in view of spike in Covid-19 cases. .[Read Order]
