One virtual court can hear 40 cases through video-conferencing in day: SC

Source: www.newindianexpress.com

https://www.newindianexpress.com/nation/2020/may/18/one-virtual-court-can-hear-40-cases-through-video-conferencing-in-day-sc-2144971.html

As per earlier standard operating procedures (SOPs) notified by the apex court, only few urgent matters were getting listed for hearing before the virtual courts (VCs).

The Supreme Court Monday observed that one virtual court (VC) can hear as many as 40 matters through video-conferencing in a day.

The apex court has been holding hearings through video conferencing since March 25 due to the nationwide lockdown to contain the spread of coronavirus (COVID-19).

It had suspended the entry of advocates and other staff into the high security zone on the basis of their proximity cards, till further orders.

A bench comprising Justices R Banumathi, Indu Malhotra and Aniruddha Bose, after concluding hearings on the cases listed today, observed that 40 matters, instead of 20, can be easily heard by a bench through video conferencing if the arguing counsels leave the virtual courtroom (screen space) just after finishing their cases.

Justice Banumathi said that she will talk to Chief Justice S A Bobde on the issue.

As per earlier standard operating procedures (SOPs) notified by the apex court, only few urgent matters were getting listed for hearing before the virtual courts (VCs).

The fresh SOP issued on Sunday by the top court stated that fresh cases, which could have been listed for hearing before the pandemic-triggered lockdown, will be listed and heard first.

After the exhaustion of this pool of fresh matters, the short category matters will be listed, the circular on fresh SOP said.

The fresh SOP assumed significance as the apex court has decided to postpone its summer vacation by five weeks and declared that it would remain functional from May 18 to June 19.

Combination of virtual, physical courts will be way forward: CJI

Source: Times of India

-- Dhananjay Mahapatra

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E-filing will bring court registry to lawyers’ chamber, make work simpler: CJI Bobde

Source: www.hindustantimes.com

https://www.hindustantimes.com/india-news/e-filing-will-bring-court-registry-to-lawyers-chamber-make-work-simpler-cji-bobde/story-93l6LEVUCjEQp4gnOL5RrK.html

He was speaking at an online demonstration of the new e-filing module which will be rolled out by the Supreme Court in the near future.

E-filing of cases will effectively bring the court registry to the offices of lawyers and will make their work simpler and more efficient, Chief Justice of India (CJI) SA Bobde said on Friday.

He was speaking at an online demonstration of the new e-filing module which will be rolled out by the Supreme Court in the near future.

“E-filing has virtually brought the court registry into the chamber of advocates and nothing can be simpler once the steps are understood. E-filing will make the work simpler and more efficient,” Justice Bobde said.

E-filing, he said, received an impetus due to the Covid-19 lockdown which necessitated social distancing and there would be no looking back now.

“We will have to accept the present situation and change our mindset towards the way we look at court proceedings. Half the battle is won with the change of mindset. It is easy to learn but difficult to unlearn.”

The event was also attended by the chairperson of the e-committee, Justice DY Chandrachud who said that e-filing will enhance the rights of citizens to efficient justice delivery.

“We are conscious of the fact that not every lawyer has access to technology. As we age, so we become a little more diffident about the use of technology. So our solutions must factor this in order to ensure that we continue to be an inclusive institution and reach out to those who do not have access to technology,” he said.

Towards this end, the court registry will do “handholding” by engaging data entry operators who will take up the work of data entry and filing so that lawyers do not feel handicapped by the e-filing process, he said.

The new e-filing module which will be introduced for filing cases in the Supreme Court will provide personalized information to every advocate-on-record of cases which have been filed by them, their own list of cases, details of pleadings filed by them and pleadings filed by others in cases in which they appear.

The service will be available round the clock which would mean that a lawyer can file a case anytime of the day and any day irrespective of whether the registry is working or not.

“The mission is to provide facilities for inexpensive and effective access to justice. Rule of law must survive very strongly and operate at all times irrespective of coronavirus,” CJI Bobde said.

Calcutta HC Issues Guidelines For Functioning Of Court Post Lockdown

Source: www.indialegallive.com

https://www.indialegallive.com/constitutional-law-news/courts-news/calcutta-hc-issues-guidelines-for-functioning-of-court-post-lockdown-99227

The High Court of Calcutta has issued several guidelines for the post lockdown functioning of court. At the outset it has been made clear that Court can resume physical functioning in a restricted form only after the transport services particularly suburban trains and public transports system are resumed.

With respect to hearing of matters, the following guidelines have been issued:

• Mentioning will be allowed only by way of Video Conference between 4.30 pm and 5 pm on every working day, restricted to six or seven Courts at a time. Mentioning schedules will be announced in advance on the High Court Website for the convenience of all concerned.
• Benches will sit on a staggered basis; every Bench will indicate a cluster of four to six matters which will be taken up in Courts on every hour of sitting. If such matters are exhausted, other matters scheduled later in that day will not be taken up during such time.
• Apart from the Judges on the Bench, three Court staff will be present in every Court room at any given point of time. No more than six lawyers and litigants will be allowed entry into any Court room at any given point of time.
• The Lawazima Court will publish a list of limited number of matters. Times will also be indicated so that the Lawazima Court is not crowded.

Apart from these the Court has issued other general guidelines:

1. Not more than 25 per cent of the sitting capacity in any library room will be allowed.
2. All lifts will be functional. However, no more than three persons will be allowed on the smaller lifts and not more than five persons will be allowed on the bigger lifts at a time.
3. For the time being, the canteens and refreshment services in the High Court premises will not resume.
4. Only two of the entry gates to the High Court Main Building will be open.

The Court has however clarified that if “physical functioning of the Court resumes but it is observed that the distancing and health and hygiene advisories are not been met, the Chief Justice may be constrained to stop the physical functioning of Court.”

Punjab and Haryana HC to hold 10 benches for hearing of urgent cases over video conferencing

Source: Indian Express dated 10.05.2020

With the court easing the norms for listing of cases, it has also now issued a standard operating procedure for advocates or litigants appearing before the benches remotely and asked them not to record or broadcast the proceedings.

THE PUNJAB and Haryana High Court on Monday next week will hold 10 benches, including two division benches, for hearing of the urgent cases over video conferencing. With the court easing the norms for listing of cases, it has also now issued a standard operating procedure for advocates or litigants appearing before the benches remotely and asked them not to record or broadcast the proceedings.

“During hearing through video conferencing, the parties may kindly help in mind that they are participating in court proceedings, and hence it is expected that they would not resort to any indecorous conduct or dress or comment; further, parties are required to ensure that the proceedings by video conference are neither recorded/stored nor broadcast, in any manner whatsoever, as recording/copying/storing and/or broadcasting, by any means, of the hearings and proceedings before the court are expressly prohibited,” the Registrar (Computerization), Sudeep Goel, said in the SOP.

The court earlier had only been hearing only extremely urgent cases and in the past few days has started hearing urgent cases like anticipatory bails. However, the cases continue to be cleared for hearing only after a request is sent through a form on a website, mentioning the urgency of the case.

The chairman of the HC e-committee, Justice Ajay Tiwari, during a webinar on Thursday said the court has been able to develop technological capacity for functioning of 15 courts. The Bar Council earlier had requested the High Court to start hearing more cases. The number of functional benches has increased gradually with easing of restrictions in Punjab, Haryana and particularly Chandigarh and is being increased depending upon the number of cases approved for listing after mentioning, officials said.

A senior officer of the HC said some of the judges have started hearing matters from HC itself since easing of the lockdown even as the lawyers continue to attend the proceedings remotely, in accordance with the existing guidelines. However, a majority of the judges are hearing cases from residence only with the aide of technology to maintain physical distancing norms.

“The uploading of the orders takes place from the HC itself since the software cannot be accessed remotely but the filing of cases is allowed online. These are testing times and the High Court is normally a place of mass gathering. We are having a bare minimum staff at the HC in accordance with the MHA guidelines and many are working from homes only. It is all need-based like computer and listing branches have more staff requirement and others have less,” the officer said.

In case of any problems over video conferencing, the cases can also be heard through audio conferencing after permission from the bench as per the guidelines. The lawyers have been asked to remain on mute and make submissions only when instructed by the bench. The lawyers can also raise their hand to indicate their request for submission.