Punjab and Haryana HC resumes physical hearing from March 28

The decision has been taken by Chief Justice Ravi Shanker Jha keeping in view the decline in number of Covid-19 cases in the states of Punjab, Haryana and the Union Territory of Chandigarh.

The High Court in March 2020 had adopted the virtual mode for hearings and put restrictions on physical functioning of courts amid apprehensions of a surge in Covid-19 cases. The restrictions were eased in February 2021 with limited physical hearings allowed. It, however, returned to restrictive functioning in mid April after a number of judges, lawyers and the high court staff got infected by Covid-19 during the second wave.

As per the fresh order, requests for video conferencing will not be entertained. The ‘online mentioning’ portal will be deactivated and mentioning of cases will only be made through physical mode in the same manner as in the pre-Covid period.

“No litigant, represented by any advocate, would be permitted entry unless there is specific direction by the court.

The Advocate Generals of Punjab and Haryana and standing counsel of UT Chandigarh and Union of India are requested to issue instructions to the concerned authorities…to take instructions from police officials…as is being done during the virtual hearing and their physical presence…be avoided,” read the order.

As per the order, freshly registered ordinary cases will be listed by the registry in due course after the fixation of dates and publishing the advance list on the HC website. However, the writ petitions and FAO (matrimonial) filed without urgent form during Covid-19 period will be listed in urgent motion as was during pre-covid period.

The order mentions that entry and exit for advocates and clerks will be permitted from Gate No. 1, 2 and 5. The e-pass portal will be deactivated.

“The advocates shall ensure that clerk accompanying them should remain in the court areas for limited purpose like delivering heavy and bulky case files upto the respective court room. Such clerk shall leave the court room immediately thereafter and shall enter again only to re-collect the same. The advocates are requested to allow their clerks to accompany them only in case the file record is bulky. Advocates will ensure that they enter the court premises only for arguing cases and shall leave the premises as soon as the hearing for the day is over. The Bar Association is expected to extend its full support and ensure no crowding in corridors, court rooms etc…The president, High Court Bar Association is requested to sensitize the members of the Bar to follow the Covid protocol in letter and spirit. It may also be ensured that all the advocates and their clerks carry their ID cards,” read the order.

“All offices, officials, staff members, advocates, clerks shall be allowed to enter the High Court premises only if they are using face masks…hand sanitlizers should be used frequently. There shall be strict adherence to all the directions, guidelines, SOP advisories issued by the government and health authorities from time to time,” stated the HC order.