Gujarat HC to reopen courtrooms

AHMEDABAD: The Gujarat high court has finally decided to go for physical hearings in courtrooms in a phased manner in the Covid-19 pandemic, but with a condition on participating lawyers that they will not seek adjournments.
The chief justice passed an order on basis of a decision taken by the HC’s standing committee to resume physical functioning of courts. He has said that one division bench and two or three single-judge benches will be set up in the first phase from September 14.
The division bench and a single-judge bench will hear criminal appeals of convicts lodged in jails. The civil judge bench will give preference to 500 oldest civil matters besides those cases in which HC has stayed lower court proceedings, land acquisition and motor accident claims.
The HC has said that those lawyers who are willing to participate in physical hearing in courtroom will have to submit consent for conducting “in-jail criminal appeals” through the Physical Hearing Consent Module. On basis of these consents, the list for hearings will be prepared for the week.
After explaining the procedure, the HC has placed a clause for hearing in criminal matters, “No request for adjournment will be entertained as the criminal appeals are being listed with sufficient prior notice and with consent of the appellant side parties.”
For civil matters, the court, however, appears a little liberal on the aspect of adjournment, “Request for adjournment will not be entertained except in exceptional circumstances if and as may be considered by the concerned Bench.”
To make the procedure of physical hearing easy in Covid-19 pandemic, the HC has said that in the hearing of criminal appeals, consent on part of complainant side will not be a pre-requisite. But the complainant side will be allowed to participate in the hearing.
Meanwhile, Chief Justice Vikram Nath has requested other judges to show their preference whether they would like to conduct hearing in courtrooms or to continue with the current mode of hearing through video conference from their residences.