On June 23, 2021 after wide consultations and considering the COVID situation in UP, the Allahabad High Court has issued revised fresh guidelines for the functioning of all the Courts and Tribunals subordinate to it. These guidelines are primarily aimed at ensuring that the rapid spread of corona is contained and the courts carry on their work with utmost caution.
Most significantly, what is really worth paying attention is that the letter circulated by the Registrar General states in simple, straight and suave language that –
1. “All the Courts/Tribunals subordinate to High Court of Judicature at Allahabad shall open to take up the matters as detailed below:
* All cases, excluding recording of evidence. (In urgent Cases the recording of evidences may be done with prior permission of District Judges)
Matters of urgent nature are given priority.
* The Remand/Other Judicial Work in respect of under-trial prisoner shall be done through video conference only. In case of any technical issues, other modes can be adopted.
* Other Office related pending works.
* Any other Administrative work.
2. As soon as the work is completed, the Judicial Officers and Court Staffs may kindly be directed to leaVe the Court premises.
3. Before opening of campus, District Judges shall ensure complete sanitization (strictly as per medical guidelines), cleaning of entire court campus with the help of District Magistrate, other administrative officers & CMOs/CMSs. District Authorities shall ensure sanitization of Court campus daily.
4. Sanitization of Court campus is a pre-condition for opening of Courts, which needs to be Strictly complied with, as per the medical guidelines. Wherever such sanitization work in the Court & Court Campus is not carried out, Such Courts should not be opened for the Judicial Work. The District Judges concerned in such eventuality shall not open the District Courts and inform the District Administration and High Court with detailed report as soon as possible.
5. Thermal scanning check-up of all the persons entering in the court premises shall also be ensured with the help of District Magistrate, other administrative officers & CMO/CMS.
6. In case of demand made by the Judicial Officers/learned counsel, the facility of Virtual Court may be utilized for the above purpose.
7. The Judicial Service Centre (Centralised filing Counter) or any other suitable space/place be identified for receiving/collecting fresh cases/Applications (Civil/ Criminal) or any other applications. All such cases/Applications shall be registered in CIS. The applications/ Cases shall contain the details of advocate/ Litigants including their mobile number. The defects if any, may be informed to Counsel Concerned. Such applications be thereafter placed before the assigned/ concerned Court.
8. Written arguments by the parties can also be submitted in the Judicial Service Centre, which shall be sent to the Court concerned by the concerned Computer Section.
9. A dedicated email of District Court may be created and the same may also be published on the website of District Court concerned. The above email may be used for receiving the Bail/Anticipatory bail Applications or other urgent applications including written arguments. This shall be an alternative mode for receiving applications.
10. Only four (4) chairs will be arranged in courtroom for advocates with proper distance. Social distancing shall strictly be followed into the Court premises and into the Court room.
11. Masks shall he strictly used by everyone who enters into the Court premises as well as into the Court room. Sanitizer shall be arranged at the door of courtroom. Reader, Clerk etc. shall follow Social Distancing guidelines.
12. The discussions shall be made with the Office bearer of Bar Association for the mechanism/modalities regarding functioning of Courts. Necessary assistance may be taken from them to restrict/regulate the entry of Advocates in the Court premises. As soon as the arguments of Learned Counsels are complete, they shall leave the Court premises.
13. Only such Advocates whose case is listed on a particular date may be permitted to enter into the Court premises.
14. Litigants or other representatives shall be strictly prohibited in the premises or at the entrance of Court.
15. In urgent Cases where evidence is to be recorded, with the prior permission of District Judges, the litigants/persons in that respect, may be allowed to enter into the Court premises.
16. All the Courts/ Tribunals subordinate to High Court of Judicature at Allahabad shall ensure compliance of directions given by Hon’ble Apex Court/ High Court of Judicature at Allahabad in Judicial side and all directions/ guidelines issued by the Central Government & State Government regarding COVID-19.
17. As per para 18 of the State Govt. guidelines No. – 1054/2021-CX-3 — GRIH(GOPAN) ANUBHAG-3, dated 19.06.2021, the above guidelines shall be applicable for the Districts where, as per the daily reports of Health Department, active COVID cases are less than 500. As soon as the active COVID cases exceeds the limit of 500, the previous guidelines regarding functioning of Courts shall be applicable.
Daily consolidated report be submitted by the District Judges on the e-Services module on regular basis.
18. The above guidelines shall be applicable from 23.06.2021, till further orders.”
In conclusion, these guidelines issued by the Allahabad High Court are quite commendable. It is the bounden duty of all the courts and Tribunals subordinate to it to comply with these commendable directions! They must comply with it in totality so that safety of all is also ensured along with work! This is what the situation at hand demands also!
Sanjeev Sirohi