Due to the continued spread of COVID-19, with no vaccine in sight, Rajasthan High Court issued an Order and Circular stating its decision to continue video conferencing to contain the spread of the virus.
Facts
In perspective on the ongoing pandemic, the Rajasthan High Court delivered a circular stating that a prior Notification dated September 19 for successful control and containment over the spread of Coronavirus shall continue to remain in force till October 23. This decision of the Court implied that functioning of Rajasthan High Court shall be confined uniquely to cases involving extraordinary desperation which will be taken up just through video conferencing.
Contentions
It further explained that all matters where interim orders are lapsing shall be deemed to have been extended until the issue is taken up by the regular Court(s).
Furthermore, another Circular expressed that in light of proposals which were requested from all the District and Session Judges for the functioning of Subordinate Courts/Special Courts/Tribunals in particular Judgeship, a limited number of courts may continue to work through Video Conferencing for extremely pressing matters as previously coordinated on September 19.
Furthermore, in the perspective of the circumstances prevailing in different parts of the State, the District and Session Judges are coordinated to embrace any of the above modes for the functioning of Subordinate Courts/Special Courts/Tribunals of from October 05 to October 16, including limiting the Court working hours and staff strength, according to nearby prerequisite and condition.
Court’s Observations
It further recommended that all Courts may begin functioning through physical appearance for all types of cases except for the judicial custody matters and recording of evidence matters.
Undersigned by the Registrar, the Circular stipulated that the Committee of one Judicial Officer, Bar President and one senior court staff comprised before shall continue to regulate and monitor the circumstance schedule to guarantee orderly follow up of these rules to contain the pandemic.
Court’s Decision
The Court stated that the following practices and procedures were to be followed until an improvement in the situation is seen.
First, only a set number of courts which may continue to work through Video Conferencing for very dire matters as coordinated vide the Office Circular No. 26/PV2020 dated 19.09.2020.
Second, all the Courts may begin functioning through physical appearance for all types of cases except recording of evidence. Third, in judicial custody matters, evidence may likewise be recorded through video conferencing.
All the courts may begin functioning through physical appearance just for very dire matters. Extremally dire/urgent matters will be those as listed in Circular No. 26/PV2020 dated 19.09.2020.
Click on the link to view order
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