Tn CHAIRMAN, BAR COUNCIL letter to mhc RG
To
The Registrar General,
High Court of Madras,
Chennai – 600 104.
Respected Sir,
Sub: Suggestion with regard to the mode of functioning of the
Hon’ble High Court in the Principal Seat of Madras and
Madurai Bench of Madras High Court – Reg.
Ref: 1. Our letter dated 16.03.2020. 2. Our letter dated 21.04.2020. 3. Resolution No.141/2020 dated 08.05.2020. 4. Our letter videR.O.C.No.838 of 2020, dated 12.05.2020. 5. Our letter videR.O.C.No.886 of 2020, dated 02.06.2020. 6. Your letter in R.O.C.No. 1363/2020/RG/Sub-Curts, dated 26.06.2020. 7. Your letter dated 29.06.2020.We are grateful to the Hon'ble High Court for the opening of the Sub-ordinate courts in 29 districts subject to certain conditions. We thank the Hon’ble Judges for taking decision for the functioning of the Sub-ordinate courts even during the pandemic situation. By adopting the same procedure, we appeal to the Hon’ble High Court to extend the same procedure of physical appearance in courts in the Principal Seat at Madras and Madurai Bench of Madras High Court as well. It is our duty to bring to the knowledge of the Hon’ble High Court about the feedback received from the members of the Bar for opening of the physical : 2 :functioning of the court as far as possible. With reference to the letter 5th cited above, we have already narrated the difficulties faced by the advocates while hearing the cases through video conference. We have also requested the Hon’ble High Court to resume the physical court hearings in the Madras High Court and other Sub-ordinate courts.
Now, as per your request to send the suggestions for the functioning of the Principal Seat of Madras and Madurai Bench of Madras High Court pertaining to hearing of cases keeping in view of the COVID-19 pandemic situation in the State, after consultation with the members of the Bar Council, Bar/Advocates Associations and Members of the Bar we suggest the physical functioning of the courts as far as possible in the following manner with effect from 06.07.2020:-
Thermal screening should be done to all persons entering into the court campus at the Central Industrial Security Force (CISF) checking points.
Clerks entry/exit may be regulated and they may be permitted to keep case bundles along with the arguing advocate if necessary.
Entry of litigants and others may be restricted for the time being. Every advocate could be required to compulsorily leave the court room after his/her matter is over.
Ensure that face mask or paper tissue, sanitary material are available at all places.
: 3 :Every person entering the court room should be necessarily compelled to sanitize their hands. All instructions given by the World Health Organisation (WHO) for safety and health measures, social distancing, etc., may be strictly enforced.
Wearing of mask should be made compulsory for all advocates even inside the court room, and the arguing advocates can be permitted to wear a face shield.
Separate door for entry and exit of advocates may be ear marked.
Entry of advocates in the court should be confined only to the advocates whose name is printed in the cause list. The Library, Canteen, etc., to remain closed.
The functioning of the court hall can be minimised in order to maintain distance and avoid huge gathering.
Only one court should be functioned in the place where more courts are situated.
Centralised Air Conditioner should be avoided inside the court hall.
Mic facility should be increased in order to maintain the maximum distance between the advocate, Government Pleader and Judges and the Chairs, tables should be arranged accordingly.
Before opening of the courts, all places including court hall, sections and chambers of the advocates should be sanitized and thereafter, it should be continued twice in a day.
: 4 :Hearing of the cases can be fixed in two phased manner, (1) physical hearing in the morning and (2) video conference in the afternoon with the consent of the both side advocates.
In order to avoid the crowd, the cases can be allotted to more judges in accordance with the number of filings particularly in Criminal Cases.
The listing of matters can be restricted to urgent motions in writs, appellate side, original side, criminal side, etc.
One advocate on record and a Senior Advocate if engaged in the particular matter alone can be allowed inside the court hall. The advocates may be permitted to enter the court hall only at the time or just before the case is likely to be called. Thereby, the necessity of the number of the advocates to visit the court premises could also be restricted and regulated.
Filing procedure:-
The filing procedure in all cases need to be simplified.
Scrutinisation of e- documents and related case papers should be done by an expert examiner.
The information about the status of the cases to the concerned advocate should be sent on the same day through mail, SMS and WhatsApp.
If any correction in the filing papers, the same may be intimated at once with the concerned advocate.
The date of listing of the matters also could be informed in advance.
Order copy may be issued only by online.
: 5 :The physical filing procedure may be allowed after following the safety measures by establishing separate counters or boxes in appropriate places.
Case preference:-
Criminal matters including bail and anticipatory bail and urgent civil matters should be given preferences.
Compromised matters like matrimonial cases, cheque bounce cases, execution petitions and other emergent matters should be given preferences.
Suitable directions may be issued to the Motor Accident Claims Tribunals to issue the pending cheques to the claimants as early as possible.
Final hearing cases may be taken up if both the parties are ready to argue the same on a particular date.
Ensure the free movement of advocates to appear before the court and to their offices.
We further request the Hon’ble High Court that the same procedure can be adopted to all Subordinate Courts, Metropolitan Magistrate courts and family court etc.,
Further, we point out that as per the directions of the Central and State Governments, all the Public Sectors are functioning by following the guidelines issued by the competent authorities. Therefore, the legal fraternity and the litigant public at large are willing to conduct the cases in physical manner before the Hon’ble High Court at Madras and the Madurai Bench of Madras High Court.
: 6 :The advocates are ready to co-operate with the court by following the conditions prescribed by the Registry.
Already, several advocates are not able to meet out their day-to-day expenses and they have expressed their concern to the Bar Council as well as the Bar Associations about the loss of their livelihood during the past few months. The advocates and the litigant public are expecting physical court hearing enabling them to conduct the cases effectively. Therefore, we request to consider our suggestions for the physical functioning of the Courts as far as possible by following the advisories given by the Government, World Health Organisation (WHO) and Indian Council of Medical Research (ICMR). Thanking you, Yours faithfully, CHAIRMAN, BAR COUNCIL.