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COVID Spike: Allahabad High Court Now Allows Hybrid Mode Of Hearing, Advocates 'Advised' To Join Through VC Mode
Sparsh Upadhyay
3 Jan 2022 3:27 PM GMT
A day after Allahabad High Court decided to hear cases virtually in view of rising cases of COVID in the state of Uttar Pradesh, the High Court today issued a revised notification allowing for a Hybrid mode of hearing (in both the benches of HC) w.e.f. January 4.This decision has been taken after the Advocates' Associations (Oudh Bar Association and High Court Bar Association, Allahabad)...
A day after Allahabad High Court decided to hear cases virtually in view of rising cases of COVID in the state of Uttar Pradesh, the High Court today issued a revised notification allowing for a Hybrid mode of hearing (in both the benches of HC) w.e.f. January 4.
This decision has been taken after the Advocates' Associations (Oudh Bar Association and High Court Bar Association, Allahabad) raised their demands for allowing a Hybrid mode of hearing and protested against the Virtual Only mode of hearing.
Speaking to Live Law, the president of Oudh Bar Association, Mr. Rakesh Kumar Chaudhary confirmed that the Court would be hearing cases via Hybrid mode from January 4 till further orders.
This decision was taken today in a Meeting of the Administrative Committee of Allahabad High Court held today under the Chairmanship of Chief Justice Rajesh Bindal.
The Arrangements earlier made, regarding the functioning of the High Court of Judicature at Allahabad, are modified as follows:
- The hearing of cases will be conducted on Hybrid Mode.
- Only Fresh Cases will be listed for hearing in Courts, that too, in a limited number. Subject to order of Hon'ble the Chief Justice, old and infructuous matters may be listed with advance notice in Cause List, if possible.
- Bail applications/appeals of the accused in custody and the Habeas Corpus petitions will be listed as usual.
- List of Fresh Cases will remain available on the Website of the High Court, to be taken up on a day-to-day basis as per their seriatum. However, on a request/mention being made showing urgency on designated E-mail ID, status of case from Fresh Filed Case and/or Unlisted Case can be changed, subject to order of the Court concerned.
- All the Cases in which date is fixed shall be listed on that particular date.
- Limited number of Advocates shall be allowed entry in the Court Rooms and remaining Advocates, whose Cases are listed, shall wait for their turn outside the Court Rooms. However, they shall follow Covid protocols. However, the learned counsels are advised to join through virtual mode to reduce rush in Courts.
- Entry of Advocates whose cases are listed, will be allowed entry in Court Campus through E-pass. Only those Advocates shall be allowed entry in the Court Campus whose Cases are fixed on that particular date.
- Wearing of Gown is exempted till further orders.
Today, in view of the sudden surge in Covid-19 cases in the States of Punjab, Haryana, and Union Territory Chandigarh and with a view to ensuring the safety of Judges, Advocates, Staff, and Litigants, the Punjab and Haryana High Court decided to hear cases only though Virtual Mode from January 5.
In related news, due to an increase in COVID-19 cases and the Omicron variant, the Supreme Court yesterday decided to revert to the virtual hearing mode for the next two weeks. As per the notification released on Sunday evening, it was notified that:
"It is hereby notified for the information of the members of the bar, party-in-person and all concerned that keeping in view the rising number of cases of omicron variant (COVID-2019), the competent authority has been pleased to direct that modified standard Operating Procedure (Sop) Notified on 07.10.2021 for physical hearing (With hybrid option before hon'ble courts will remain suspended for the present and all hearings before the honble courts for a period of two weeks from and with effect from 03.01.2022 shall be through virtual mode only."
In view of the threat of the Covid pandemic and also sudden spurt and a spike in COVID-19 cases in the State of Jharkhand and Ranchi in particular, the Jharkhand High Court has also decided to function in VC mode with effect from today, i.e., January 3.
Further, in view of the threat of the imminent third wave of the Covid pandemic and also the alarming rise in the number of Covid affected cases, the Calcutta High Court has also decided to function through virtual mode only with effect from January 3.
The National Consumer Disputes Redressal Commission (NCDRC) has decided to hear cases through Virtual Mode only from January 4 to January 21 and the National Company Law Tribunal (NCLT) has also decided to revert to Virtual Mode of hearing from January 3, 2022, to January 31, 2022.
On December 30, the Delhi High Court had decided that the High Court and district courts would be functioning through virtual mode only with effect from January 3 to January 15, 2022.
Due to the surge in Omicron variant of Covid-19 cases, Madras High Court has also issued a notification keeping in abeyance the previous notification for resumption of physical hearings completely.
As per the notification dated 2nd January, 2022, Acting Chief Justice Munishwar Nath Bhandari has issued directions to follow the virtual hearing, excluding both physical as well as hybrid modes of functioning till further orders. The decision to follow only virtual hearing from 3rd January, 2022, will be applicable both to the Principal Seat at Madras and the Madurai Bench.
