District, Sub Divisional Courts in Jharkhand to resume staggered functioning

Mail News Service

Jamshedpur, May 7: As per directives of the Registrar general of Jharkhand High Court, the District and Sub Divisional Courts will resume staggered functioning with limited subject matters requiring urgent or expedient hearing.

Since the state government has extended lockdown in the state by a further two weeks and also as per directives and guidelines of the Ministry of Home Affairs of the centre, following social distancing norms, the system of hearing of cases through video conferencing with the use of apps like Vidyo App, Cisco Webex System or Jitsi or any other HC recommended software with minimum staff and personnel in District and sub divisional courts will continue.

Court matters requiring urgent and expeditious hearing would include bail and anticipatory bail petitions, remand and surrender applications, criminal appeal and revision matters fixed for arguments, applications for recording of dying declarations, any other extremely urgent matters to be decided by the Principal District and Sessions Judge, injunctions, civil appeals fixed for argument, miscellaneous applications, judgments, release matters, matrimonial cases like applications under section 125 Cr PC, applications under Sec 24 of Hindu Marriage Act and application for divorce by mutual consent, POCSO cases without recording of evidence, motor accident claim cases, domestic violence cases, ex-parte motions, petitions for Condonation of delay under limitation Act, abatement matters, mediation by Family Court through video conferencing.

The Principal District and Sessions Judges have been directed to distribute the cases to Presiding Officers proportionately in view of the limited number of personnel available but it has been specifically mentioned that in no case shall evidence of witnesses will be allowed.

Drop boxes will be placed outside the main gates of courts for applications regarding fresh filing in Civil Courts and they will be opened after 24 hours and staff members opening the drop boxes shall have to be fully equipped with all protective measures as per directives of the Ministry of Health Affairs. A list of the applications will have to be affidavited and the lawyers concerned will be informed regarding the time when they have to be present with the deponents for swearing of the affidavits. Fresh filing shall be permitted between 8 am and 10 am on all court working days with strict adherence to social distancing norms.

Seating arrangements will be made for Notary Public or Sirestedar between 8 am and 10 am while maintain the norms of social distancing. These officials are to be provided with masks, sanitizers and PPE kits if possible. In districts where large number of judicial officers is posted the Principal district and Sessions Judge will prepare a roster of various cadres based on availability of video conferencing facilities for all hearings in District and Sub divisional courts.

A separate drop box will also be provided for receipt of requisitions for certified copies between 8 am and 10 am and shall be opened after 24 hours and efforts are to be made to ensure availability of these at the earliest.

The Registrar general of the High Court of Jharkhand has also directed that the Principal District and Sessions Judge will have to ensure sanitization of the entire court campus including public areas on a daily basis in accordance with the directives stipulated by the Ministry of Health Affairs in coordination with the district administrations.