Bhubaneswar: In view of the continuing threat of the spread of Covid-19, the Orissa high court on Friday extended hearing through a video-conference system installed on the court premises.
Previously, hearing in a virtual mode in the honourable court and its subordinate courts were extended till August 21. It has now been further extended till September 19.
Hearing of cases, however, shall take place as per notification dated August 8 of Hon’ble Court, of old hearing matters listed by the Registry. Additionally, fresh urgent matters will be heard on basis of an advance memo submitted to the Deputy Registrar (Judicial) by e-filing mode, e-mail or dropbox with advance intimation to the opposite parties, on the web-link provided to the concerned advocates/litigants, who may appear from their residence or offices. Filing of new cases or counter-affidavit etc. shall be permitted only by e-filing mode, e-mail or dropbox.
Also, the following guidelines were released for subordinate courts and tribunals of the State:
1-That the Subordinate Courts and Tribunals in the State shall function during usual official timings during working days, except at places where lockdown/shutdown is imposed or containment zone declared by the competent authority.
2-Working of the subordinate courts/Tribunals in the State shall remain suspended in areas where containment zone has been declared by the competent authority.
3-That the Subordinate Courts/Tribunals in the State, where there is no shutdown/lockdown, shall, as far as possible, resume normal functioning during court hours by virtual mode/video conferencing.
4-If hearing in a particular court is not possible by virtual mode due to lack of proper internet connectivity or any other technical reason or in areas where there are no Covid restrictions in place, physical hearing in Courts at such places may be permitted with all precautions, by strictly adhering to the norms of social distancing, wearing of a mask and avoiding large congregation.
5-That the Subordinate Courts and Tribunals shall take up all kind of cases, especially those pertaining to UTP, the trial of civil cases, for the recording of evidence and other old matters etc. The physical presence of the parties shall not be insisted unless the same is unavoidable. The Courts, however, shall avoid passing any adverse order for reason of absence of parties, any advocate, accused or witnesses.
6-That production of the accused before the court may be unless specifically directed otherwise for any reason, accepted by video conferencing. But the accused shall be required to be produced before the Magistrate for remand in the first instance. However, subsequent remand may be granted by Video Conferencing.
7-That the advocates of all the parties shall be persuaded to participate in the proceedings of all type of cases, especially UTP matters, old suits, appeals, revisions and matrimonial and family disputes and shall be encouraged to file written arguments in advance, so as to minimize the time of the hearing.
8-That the cause lists, orders passed by the courts and next date of the cases, shall be uploaded on the website of the District Courts concerned at the earliest.
9-That if the Competent authority declares lockdown/shutdown in any part of the State, the District Judge concerned shall in such area restrict functioning of the court to take up only urgent matters under intimation to the Hon’ble High Court.
10-That the Registry of the Hon’ble High Court shall separately issue detailed guidelines containing modalities for working of the subordinate courts and the Tribunals vis-à-vis National Directives for COVID-19 Management and guidelines issued by the State Government, with the approval of the Hon’ble the Chief Justice
