[Covid And Courts] Sikkim High Court

LiveLaw has taken an initiative to analyse the functioning of High Courts across the country during the COVID-19 pandemic. We have taken various parameters such as the volume of cases filed, the number of cases disposed, the proactive steps taken by the High Courts, guidance to the subordinate judiciary etc. This data compilation will be an ongoing work and periodically revised with the inputs. In view of CoViD-19, there are certain limitations in data mining, and we seek our readers support to get more information into the functioning of various High Courts. We would like approach the issues positively and support the justice delivery system with creative suggestions and analysis of data. We have carried a similar review in the case of Allahabad HC, and will continue with the effort to cover all High Courts in India. The State of Sikkim, located in northeast India, is the second smallest state in the country and has the lowest population among states. The Sikkim HC was established in 1975 at Gangtok, and has a sanctioned judge strength of 3. The current Chief Justice, appointed in October 2019, is Justice Arup Kumar Goswami. Covid situation in Sikkim As on 30th June, 2020 Sikkim has a total of only 88 cases, with 49 patients already recovered, discharged or migrated and 0 deaths (Source: mygov.in). The state had its first Covid case in late May, much later than other states. Its relative isolation from the mainland of the country has played a role in keeping the spread of the virus quite low. The Sikkim HC became conscious of the need to declare suspension of regular functioning much before other High Courts in the country. On 18th March, 2020, taking note of the Central Government advisory, it issued a notification to ensure social distancing. Facilities which were not absolutely necessary, such as the HC museum, were closed down. In order to have a better comprehension, the measures adopted by the HC during Covid-19 are listed below; Sl. No. Date Particulars 1 18th March, 2020 The HC issued Guidelines by a notification noting that the Ministry of Health and Family Welfare had issued advisories which discouraged mass gatherings and gave directions for strict compliance. The guidelines restricted the entry and exit points to the court complexes, encouraged measures for minimum presence of litigants and advocates wherever possible, ordered leniency in dealing with cases where party or advocate is absent, dates for cases were advised to be spaced out to avoid too many cases on one day, undertrials were allowed to be produced remotely from jail through Video Conferencing (VC). HC museum was closed for visitors. The same day similar instructions were issued for the subordinate courts. All functions and gatherings in courts were cancelled and a dedicated team headed by the respective jurisdictional District Judge was ordered to be constituted for monitoring the situation under guidance from the HC. These directions were initially made effective till 31st March, 2020. 2 24th March, 2020 In a circular, the HC ordered that in compliance of Supreme Court's Suo Motu Writ Petition (Civil) No. 03/2020 (In Re: Cognizance for extension of limitation), which was passed the previous day, the limitation period of all proceedings shall stand be extended indefinitely until further orders w.e.f. 15th March 2020. In a separate circular, the HC Registry taking note of the notification of the state government issued certain instructions to arrange restricted functioning of the HC and Subordinate Courts till 4th April, 2020. The cases fixed for hearing till 4th April were deferred and only urgent cases were allowed to be listed for hearing, as far as possible through VC. A Standard Operating Procedure was made available on the HC's website. 3 30th March, 2020 Hearing through Video Conferencing began at the High Court. Further, due to the nationwide lockdown for three weeks announced on midnight of 24th March, the HC extended the validity of previous instructions (which were issued on 18th March and 24th March) making arrangements for restricted functions till 14th April, 2020. 4 14th April, 2020 Noting the extension of the nationwide lockdown, the HC notified that the arrangements made for restricted functioning of courts in the state previously would continue to apply till 20th April. 5 18th April, 2020 A circular was issued in continuance of that of 14th April, wherein it was notified that the HC and District Courts will continue to function in accordance with instructions issued previously...

[Covid And Courts] Sikkim High Court

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