The Delhi High Court Bar Association has suggested a roadmap for a phased/graded return to “normalcy” in the courts in Delhi after the lockdown period gets over.
Delhi High Court Chief Justice has constituted a committee headed by Justice Hima Kohli, for creating a ‘Graded Action-Plan’ for dealing with the challenges and other ancillary issues considering the urgency of the situation. The matter was discussed by Executive Committee of the Bar Association and the following suggestions were given by Mohit Mathur, President of DHCBA to be put before Chief Justice and the said Committee:-
- Access to justice is touchstone of any democratic society, the Courts are essential part of it and do not require any declaration by Executive to be an essential service. DHCBA believes that physical Court hearings, in a phased manner, have to be commenced with meticulous and scrupulous compliance of social distancing norms, wearing of masks, maintaining the highest standards of sanitisation and hygiene etc.
- Courts have to be operational not only to extent of providing “urgent relief” but also to cater to other legal remedies which maybe availed by common litigants. Scope of matters that may be listed include injunctive reliefs, bail applications, suspension of sentence, objections to arbitration awards, execution petitions, writ petitions of all types, criminal appeals etc.
- By notification by Court and judicial orders by Supreme Court, limitation periods have ceased to run during lockdown period, to avoid last minutes rush of filings when Courts do reopen, ordinary e-filings/online filings of all matters be allowed, though they might not be heard till normalcy is restored. Petition boxes be used to acknowledge filings made therein.
- Till normalcy is restored, litigants and interns be not permitted to access court/chamber blocks. Restriction may continue on advocates representing a party.
- Lawyers, operating from their chambers and offices need access to chambers to prepare their cases, access their files, records, books and infrastructure. Client conference maybe permitted after court hours.
- Kiosks and shops inside Court Complexes maybe kept closed. However, Cafeterias and kitchens catering to chamber blocks may only be permitted to service lawyers by offering ‘take away’ options.
- Only one entry point maybe allowed per courtroom building. Entrants maybe subjected to thermal temperature scanning. Option of making entrants pass through sanitisation tunnels may also be explored.
- Public conveniences must be maintained with highest level of sanitisation and for using these social distancing norms can be employed. Adequate number of sanitizers maybe provided at various points through out the Court buildings.
- Both District Legal Services Authority and Mediation Centres require physical presence of litigants, the same may not be functional till normalcy is restored. As Arbitration proceedings can go on without presence of litigant, Arbitration Centre may be functional.
The Bar Association also assured the court of its utmost cooperation.
-India Legal Bureau