The Madhya Pradesh High Court has issued a circular stating that in addition to hearing of extremely urgent matters, the Subordinate Courts in the state will also take up cases that are at the stage of disposal and/ or do not require oral evidence.
The courts in the state of Madhya Pradesh resorted to restrictive functioning on March 25, 2020. Thereby, it was decided that "No matter, unless it is urgent or eminently emergent, shall be entertained except with the permission of Hon'ble the Chief Justice in case of the High Court and District Judge or Principal Judge, Family Court or In-charge Officer thereof in case of Subordinate Court or Family Court."
In modification to this, the High Court has now stated,
"Including urgent cases, those cases shall also be taken for hearing which are at the stage of disposal, order, final hearing, remands & bails, criminal revisions, civil appeals etc. which can be decided only by hearing of Advocates of both the parties without taking any oral evidence by the Presiding Officer of the concerned Court. Presiding Officers are also directed to request to the Learned Advocates to file the written arguments."
However, the courts have been cautioned to observe all social distancing norms and ensure absolute sanitization.
Further, they have been instructed to call employees in shifts, possibly only 1/3rd or 1/4th of the staff may be called on each working day, except officers/employees residing in Containment Zones/Hotspots, to ensure that neither rush is caused in the court premises nor does the work suffer due to shortage of staff.
All the District/ Sessions Judges have been asked to submit weekly reports on the aspect of their functioning, to the High Court Registry.
Meanwhile, in view of extension of the lockdown period, the High Power Committee in the state has decided to further extend the interim bail period of persons who were released in order to decongest prisons.
A memo has been issued by the Registrar General as per which the Committee has resolved to extend the period of interim bail of the accused persons for further 45 days.
"Kindly refer to the aforesaid endorsement and the Guidelines of Hon'ble High Power Committee by which the accused persons were released on interim bail for limited period of 45 days in pursuance of the order of Hon'ble the Supreme Court dated 23/03/2020. Since their bail period is going to be lapsed on upcoming days while nationwide lockdown period has been extended, therefore, after consideration, Hon'ble High Power Committee has again extended the period of interim bail of the accused persons for further 45 days."
Click Here To Download Circular
Click Here To Download Memo