No physical hearing in J&K, Ladakh Courts amid surge in COVID cases [details]

The order states identification of cases for physical hearing shall be done by the concerned Registrar Judicial a day before the date of listing.

Jammu and Kashmir High Court has put its order earlier regarding resumption of physical hearing in abeyance amid a spike in Coronavirus cases.

During the last week, J&K has witnessed a surge in the Corona cases.

As per an order by Chief Justice Pankaj Mithal, the hearing of cases in the High Court of Jammu & Kashmir as well as in the District and Subordinate Courts and Tribunals shall be conducted through virtual mode for time being.

"Entry of litigants and public into the Court premises from the very outer gate shall continue to be prohibited," reads the order.

Virtual hearing until further notice

In addition to virtual hearing, the Chief Justice said that the matters may also be taken up for physical hearing, where the counsels for both parties of the case give their consent for such physical hearing. "If counsel for either party declines or fails to give such consent in that event the roster bench may consider the request of other counsel for physical hearing," the order reads

It is clearly mentioned in the order that identification of cases for physical hearing shall be done by the concerned Registrar Judicial a day before the date of listing.

Advocates concerned in a particular case, who intend to get their case listed for physical hearing, shall give written consent for physical appearance and provide the requisite detail of the case to the concerned Registrar Judicial through email at least two days before the date of listing, order reads as.

The Registrar Judicial concerned, then, shall provide a list of such counsel whose cases are listed for physical hearing, well in time to the in charge security at the main gate to facilitate entry of such counsel.

The staff on duty and the counsel appearing physically in Court shall take necessary precautions, ensure physical distancing, wearing of mask and observance of SOPs and guidelines issued by the respective Governments (J&K and Ladakh) from time to time."

Regarding district and subordinate Courts and Tribunals in J&K and Ladakh, the order mentioned that entry of litigants and public into the Court premises from the very outer gate shall continue to be prohibited.