Rajasthan High Court to start regular functioning from November 2 [Read Notification]

The Rajasthan High Court has notified that while continuing with all preventive measures for effective control and containment of spread of COVID-19, it will start to regularly function from November 2, 2020..While issuing such a direction, the High Court has taken into consideration the suggestions received from the Bar Council of Rajasthan, Rajasthan High Court Advocates Association, Jodhpur, Rajasthan High Court Lawyers' Association, Jodhpur, Rajasthan High Court Bar Association, Jaipur and inputs received from the Registry..As such, all Benches of High Court shall function regularly from 10.30 AM to 4.30 PM..The High Court has added that hearing of matters shall be permitted both through physical appearance and video conferencing. .In a case, hearing may be conducted simultaneously through physical appearance and video conferencing. Learned Advocates or parties-in-person opting for video conferencing would intimate the Court Master of concerned Hon'ble Court at least a day before the date of listing for the cases listed in Daily List and before 8.00 am on the day of listing for the cases listed in Supplementary list. No request for virtual hearing sent after stipulated time wiII be entertained.- states the Notification.The following modalities have been issued with regard to court functioning in general:Even or odd numbered court rooms to be used and chairs shall be kept maintaining social distancing by reducing the number of chairs inside a courtroomVacant court rooms to be utilized for sitting of the lawyers by providing limited chairs, with requisite distance. Benches in the court corridors would be arranged maintaining social distancing and gathering even in small groups in the entire premises is to be avoided.All entry gates for advocates, Staff members and Litigants shall be equipped with requisite thermal scanners. The medical staff will permit the persons after proper screening as per the SOP issued by Central and State Government. Persons having flu like symptoms shall not be allowed to enter the premises.A record to be maintained of all persons except Advocates(having e-pass) entering the court premises to make it easy to trace the details of persons who entered the premises on a particular date and whom they visited.Persons deputed at entry gates for the purpose of screening to beequipped with PPE Kits.Canteens, Photo Copying shops, Book shops, E-Mitra, Bank and Postoffice may be opened with required protocol and arrangements as prescribed by Central and State Government.Proper sanitization of entire premises must be ensured. Hand-wash and sanitizer may be provided in toilets and court corridors.All the Section In-charge will be under obligation to ensure the compliance of directions issued by the Central and the State Government.No person without mask shall be allowed to enter and move around in the premises. The social distancing norms to be followed in strict manner in the entire premises.The consumption of liquor, pan, gutka, tobacco and spitting inside thepremises shall be strictly prohibited and to attract prosecution/ punishment as per the guidelines of Central & State Government.Finger print scanners at the entry points would be completely sealed.AII the staff members are directed that in case any staff member having flu like symptom is identified, then they should inform the concerned authority.Awareness Signage mentioning Do's, Don'ts and precautions be placed at appropriate places. Regular cleaning with sodium hypochlorite andinfecticide may be done in the entire premises. AII the public Toilets incourt premises should be cleaned at regular intervals with chemicals.Separate committees of Registrar (Admn.), Registrar (classification),representative of Bar council of Rajasthan and presidents of High court Bar Associations at Jodhpur/Jaipur already constituted to supervise and monitor the situation on daily basis, to ensure compliance of these directions and to take appropriate remedial steps..With regard to hearings and guidelines for the Advocates, the following steps have been enumerated:The name and mobile number of Court Master shall be published in the cause-list so that advocates may inform their option of hearingthrough video conferencing well within stipulated time.The Court Master to send the link for video conferencing to concernedAdvocates through SMS/email on mobile number and email addressregistered in High Court CIS. The Advocates may check their mobile number and email address registered in High Court CIS by using the option'Advocate details'in e- Services Menu on Home Page of the website of Rajasthan High Court. If any change, addition or update is required, the advocates should send an email on dedicated email addresses as shown on the website.There will be no separate time slot for hearing of cases through videoconferencing. Such cases would be taken up as per their tum in the cause list. Advocates/Pasties-in-person would remain ready for videoconferencing well in advance according to the Display Board.If any Advocate does not tum up in first round, the case may be passed over for second round.All fresh matters may be filed manually or by e-filing. While filing matters manually, advocates will file their cases/documents/ petitions/applications in the Filing Section while maintaining all precautionary measures as mentioned in Central & State Government Advisory.Only those Advocates to be allowed in the court room who haveto argue/present the case. No advocate should be present in the court room with the purpose of seeking pass-over. Senior Advocates areadvised to take assistance from only one Advocate and Advocatesother than Senior Advocates are advised to come alone in the court room.At any given time, Advocates relating to the case being taken upand next four cases on the list only are advised to remain present in the court room.Entry of Advocates in court premises would be through e-pass which would be issued to those advocates who have to appear in thecourt for the purpose of hearing and ancillary purposes. These passes will remain valid for a particular day and the entry will be strictly upon presentation of the e-pass. Advocates are advised to generate thee-pass from the High Court website, while providing the specific detailsi.e. name of Advocate, Court Number, Case Number and ItemNumber of Cause List and declaration about his medical fitness.Advocates are advised to minimize the presence of Clerks in court premises till complete normalcy returns and Clerks would be permitted to enter the premises through identity cards only.One litigant per case/each side shall be permitted into the court premises through e-pass which shall be issued on the recommendation of the counsel. In case the presence of a litigant is directed by the Court or he/she is appearing in person, then such litigant shall produce copy of the order directing the presence/e-pass issued at the direction of the court.Advocates, Litigants and other Stake-holders appearing in thecourts shall be required to wear face mask or face cover. Wearing of hard gloves is preferred.Entry of Iaw interns in the court premises is strictly prohibited.Advocates/Senior Advocates and all other concerned aged 65 years and above are requested to exercise due caution/avoid physical appearance in the Courts..The notification has also provided for the Standard Operating Procedure that has to be followed for participating in the court proceedings through Cisco Webex..Read the Notification here.

Rajasthan High Court to start regular functioning from November 2 [Read Notification]

Aishwarya Iyer

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