Delhi HC likely to resume physical hearing from September 6 in restricted manner

Delhi High Court on Thursday said that the physical hearings in the High Court may be resumed in a restricted manner effective from September 6 and in the district courts from August 31.

"The Hon'ble Full Court has further been pleased to resolve that physical hearing inthis (High Court) Court be resumed in a restricted manner w.e.f. 06.09.2021, provided the scale and magnitude of the Covid-19 pandemic in the NCT of Delhi remain well under control. Subject to the above, w.e.f. 06.09.2021, a suitable number of Benches of this Court, for physical hearings, shall be constituted as per the directions of Hon'ble The Chief Justice and the remaining Benches shall continue to take up the matters through video-conferencing as per the existing system of listing of matters. It has been further ordered that the courts of Registrar and Joint Registrar (Judicial) of this Court shall take up all the matters as per their respective cause lists w.e.f. 06.09.2021," said a notification issued by Delhi High Court.

A roster shall also be prepared for the said courts in such a manner that they hold court physically once a week with effect from September 6.

On physical hearing days, the Courts shall permit hybrid/video conferencing where a request to such effect is made by any of the parties and/ or their counsel, the notification said adding that all the stakeholders are also advised to get themselves vaccinated at the earliest.

The Full Court has decided that all the Benches of Delhi High Court, as well as the Courts of Registrars/ Joint Registrars (Judicial), shall continue to take up urgent matters, as per the existing arrangement, through video-conferencing till September 3 and all another pending routine/ non-urgent matters listed before this Court from August 16 to September 3 shall stand adjourned en bloc,

In another notification, it said that the Full Court has been pleased to order that theexisting system of hearing in the District Courts in Delhi shall continue upto August 28.

It further added that the Full Court has further been pleased to resolve that physical hearing in the District Courts in Delhi be resumed in a restricted manner with effect from August 31, provided the scale and magnitude of the Covid-19 pandemic in the NCT of Delhi remains well under control.

The notification further said that that all the Principal District and Sessions Judges andPrincipal Judge, Family Court (HOs) shall prepare the roster of judicial officers in such a manner that every judicial officer holds physical court once a week with effect from August 31 while the others continue to hold courts through video-conferencing, as per the existing arrangement, on non-physical days.

During physical hearings, the courts exercising criminal jurisdiction shall give toppriority to those cases where the accused are in custody as well as to 5 years-old cases. The courts, exercising civil jurisdiction, shall, on physical days, take up those matters which are more than 5 years old and/or those which are time-bound.

On physical hearing days, the Courts shall permit hybrid/video conferencing hearingwhere a request to such effect is made by any of the parties and/ or their counsel, the notification said.

All the Principal District and Sessions Judges and Principal Judge, Family Court (HOs)shall issue directions for regulating entry in the court premises and for ensuring that the norms related to covid-appropriate behaviour and social distancing are adhered to by all concerned. The necessary arrangements for the production of UTPs are made in coordination with Prison and Lock-up authorities, the notification said.

Earlier, in view of the predicted third wave and considering the threat of Delta Plus, a variant of concern (VOC), the Delhi High Court has decided to adopt a policy of wait and watch and continue hearing matters through video conferencing till August 13.

After the second wave strikes the national capital, the Delhi High Court on April 8, 2021, suspended its physical hearing till April 23 which was later extended from time to time.

The Delhi High Court has suspended its functioning on March 23 2020, followed by the government decision to imposed lockdown in wake of containing COVID-19.

However, the high court continues to take up urgent matters through videoconferencing and later resumed physical hearing of limited benches.

( With inputs from ANI )

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