CHANDIGARH: The Punjab and Haryana high court bar association (HCBA) on Wednesday demanded the Punjab and Haryana high court administration to constitute more benches to hear the matter through video conferencing so that a large number of cases can be heard. Bar has also demanded to start normal courts for those who are electronically not familiar with the videoconferencing system.
As of now only a very limited number of cases of “extremely urgent” nature are being heard by the HC administration through video conferencing. As the HC has jurisdiction over two states and UT Chandigarh, the functioning of judicial proceedings have almost come to standstill in the region because of lockdown due to Covid-19 pandemic.
The bar has demanded the HC administration not only to hear the cases of only extreme urgency but of ordinary or regular urgency as well. In a resolution passed on Wednesday, the bar has demanded that even old ordinary and regular cases, with the consent of all parties, be allowed to be taken up where some urgency can be shown by the Counsel and written synopsis also be permitted to be filed.
“For those who are electronically / technologically handicapped i.e. not very familiar with the system of Video conferencing etc. One or two regular courts can be held where only counsel in batches of 5 or 10 are allowed to attend the court and plead before such bench as the court may deem appropriate,” says the resolution signed by Rohit Sud, secretary of the HCBA.
It has also been requested that all the cases pertaining to anticipatory bails, Regular bail, Habeas Corpus and protection matters be taken up through automatic route through online / video conferencing mode, without any need of mentioning the same. The bar resolution has further demanded that the e- filing process and online hearing process be made more user friendly so that lawyers who are not very much conversant with the computers /online / Technical procedures are able to easily file their cases and argue the same through video conferencing.
While seeking restoration of the process of legal resources, as the courts are protecting fundamental rights, the HCBA resolution has submitted, “as the state machinery including police authorities and other civil and executive authorities are working overtime in the emergency like situation. And in this undeclared emergency, it is the duty of the court to protect the fundamental rights against any violation by the state machinery, the foremost amongst them is the right to life and liberty”.
As of now only a very limited number of cases of “extremely urgent” nature are being heard by the HC administration through video conferencing. As the HC has jurisdiction over two states and UT Chandigarh, the functioning of judicial proceedings have almost come to standstill in the region because of lockdown due to Covid-19 pandemic.
The bar has demanded the HC administration not only to hear the cases of only extreme urgency but of ordinary or regular urgency as well. In a resolution passed on Wednesday, the bar has demanded that even old ordinary and regular cases, with the consent of all parties, be allowed to be taken up where some urgency can be shown by the Counsel and written synopsis also be permitted to be filed.
“For those who are electronically / technologically handicapped i.e. not very familiar with the system of Video conferencing etc. One or two regular courts can be held where only counsel in batches of 5 or 10 are allowed to attend the court and plead before such bench as the court may deem appropriate,” says the resolution signed by Rohit Sud, secretary of the HCBA.
It has also been requested that all the cases pertaining to anticipatory bails, Regular bail, Habeas Corpus and protection matters be taken up through automatic route through online / video conferencing mode, without any need of mentioning the same. The bar resolution has further demanded that the e- filing process and online hearing process be made more user friendly so that lawyers who are not very much conversant with the computers /online / Technical procedures are able to easily file their cases and argue the same through video conferencing.
While seeking restoration of the process of legal resources, as the courts are protecting fundamental rights, the HCBA resolution has submitted, “as the state machinery including police authorities and other civil and executive authorities are working overtime in the emergency like situation. And in this undeclared emergency, it is the duty of the court to protect the fundamental rights against any violation by the state machinery, the foremost amongst them is the right to life and liberty”.
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