The Kerala High Court will reopen on May 18 after the summer vacation.
As many as eight courts will hold sittings at the High Court, some of which will conduct sitting through videoconferencing. The sittings of the vacation courts were held via videoconferencing.
The Kerala State Road Transport Corporation (KSRTC) will operate buses on designated routes to facilitate the conveyance of High Court staff, according to a press release from the High Court on Saturday.
Guidelines
The fresh guidelines issued by High Court Registrar General K. Haripaal said only six lawyers would be allowed at a time inside court halls excluding government pleaders or public prosecutors.
Only 10 seats would be provided inside each court hall and the rest will be arranged on the veranda outside the court halls, ensuring social distancing.
No more than two lawyers for a party having their matter listed in any court will be allowed entry.
As per the guidelines, lawyers and clerks after filing petitions should immediately leave the court premises and not wait for the scrutiny of petitions to be completed. Lawyers’ clerks shall not remain on the court premises unnecessarily and shall leave immediately after their work is over.
Rooms occupied by the Kerala High Court Advocates’ Clerks Association will not be opened for the time being. The entry of the public to the High Court would be restricted.
Meanwhile, the court issued a fresh advisory for subordinate courts.
As per the advisory, district courts have been asked to hear bail applications thorough videoconferencing as far as possible.
Besides, crowding should not be allowed in court halls or on the court premises. Presiding officers have been directed to ensure that only 10 members, including the presiding officer, are present inside the court halls.
The court in red zones and hotspots should follow the procedures prescribed during the lockdown period.
The remand extension of undertrials, except where police custody is to be given or presence of the accused is essential for trials, shall be done through video linkage.
Moreover, criminal courts should not insist on the personal appearance of the accused /parties except in cases where their presence is essential for examination of witnesses or unavoidable for proceeding further with the case.
Criminal courts have been directed to make necessary arrangements for maintaining physical distancing between the accused while in the dock when more than one accused are produced in a case.
No coercive steps
The advisory orders that no coercive steps shall be taken or ex parte orders passed against any party or witnesses if the court is convinced that the person or his/her counsel is unable to attend the court owing to travel restrictions imposed by the government or its agencies for containment of COVID-19.
Civil courts have also been directed not to insist on personal appearance of parties at court or for deciding whether a case should be referred to alternative disputes redressal mechanisms. The question could be decided on submissions of the counsel.
The Principal Judge may suspend the functioning of a court if there is any problem in implementing the advisory.
