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High Court modifies SOP to reduce the Physical presence of lawyers and litigants

 Bombay High Court 

The High Court of Bombay has decided to modified SOP dated 6th January 2022, in order to reduce the physical presence of lawyers and litigants due to the prevailing situation of COVID-19 in the Aurangabad Bench, Bombay High Court. 

The notification isseud by the High Court has notified that "It is hereby notified that for the information of the Advocates and the parties appearing-in-person that the Hon’ble the Chief Justice has been pleased to issue the following Standard Operating Procedure for hearing the matters through Virtual mode at the High Court of Judicature at Bombay,Aurangabad Bench with effect from Monday, 17th January 2022 till 28th January 2022".

The Modified SOP mentions following points which are as follows:

1) The Advocates / Parties-in-person shall mention their matter through Praecipe by sending it on the designated email address of the concerned Court as per Annexure-A. They shall serve copy of the Praecipe to the other side in advance. The physical mentioning of the matters is strictly prohibited except in exceptional urgency wherein stringent action is proposed within a period of 24 hours.

2) It is left to each individual Bench to settle it’s board considering the priority in hearing to be given to any particular matter. 

 3) All Praecipes should be sent 48 hours (excluding holidays & Counting the time starting from 12 noon) in advance before proposed listing of the matter. Praecipes received after stipulated time will not be responded to or will not be placed before the Hon’ble Judge. If the matter is not listed, it be deemed that the Bench has declined circulation of the matter.

 

4) No Praecipe without mentioning number of the matter will be entertained.

5) Praecipes sent to the email IDs other than the one mentioned against the category of matter will not be considered.


6) Advocates shall mention their Bar Council enrollment/registration number and Phone number and email-ID in the Praecipe.

7) In case of fresh matter, the Advocate shall first file the matter, get stamp/lodging number and then move the Praecipe by mentioning said stamp/lodging number on it and setting out the urgency.

8) The following mandatory norms to be followed by all, who are permitted to enter the Court premises.


i) Wearing of mask at all times.

ii) Persons with notified symptoms like fever, cough, body-ache, loss of taste and smell, diarrhea etc. shall restrict themselves from coming to Court premises, isolate themselves immediately and seek medical advice;

 iii) There shall not be any crowding in the Court Premises and movement in common areas should be only for specific purposes and be completed within the minimum time; iv) Adherence to all the directions / guidelines / SOPs / Advisories issued by the Government of India and the State Government in respect of COVID-19 protocol.


9) The word ‘Advocate’ wherever occurs in this SOP, unless the context otherwise requires, shall also include a Party-in[1]Person.

10) The entry of the litigants in the Court premises is prohibited, unless directed by the Hon’ble Court. Advocates and parties should avoid visiting the Court premises, unless their presence is absolutely required.

 11) The Bar Associations may regulate and/or discourage the presence of the Advocates in Bar Rooms and of the Advocate Clerks within the Court premises.

 

 

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(With input from news agency language)

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