Covid impact: HC, lower courts to hear ‘urgent matters’ only
In the backdrop of an advisory from the World Health Organization (WHO) against mass congregations, consequent to the rapid spread of the global pandemic Coronavirus (Covid-19), and the several positive cases in the country and state, the Telangana High Court on Monday took a decision to restrict adjudication of cases to dire urgent matters only. The High Court also reduced the number of benches and working days to hear these urgent cases.
This decision applies to not only the High Court but also all subordinate courts in the state.
One division bench headed by Chief Justice Raghavendra Singh Chauhan and Justice A. Abhishek Redday, and four separate single benches headed by Justice P. Naveen Rao, Justice P. Naveen Rao, Justice Challa Kodandaram, Justice Shameem Akther and Justice G. Sridevi respectively would hold the court on Mondays, Wednesdays and Fridays till March 31.
For the next week, since March 25 (Wednesday) happens to be a public holiday owing to Ugadi (Telugu calendar new year), courts would function on March 26 (Thursday).
The High Court instructed the Telangana Chief Secretary to provide a thermal machine so that all those who come to court could be screened — litigants, counsels and judges.
As part of precautions and restrictions, the High Court cautioned that no litigant would be permitted to the court premises, except in family and child custody cases.
Only the counsel, whose cases are listed before the Court, would be permitted to enter the HC campus. They shall be permitted to enter the Court Hall in batches of five each. The remaining advocates are advised to wait in the corridors, the HC ordered. Other counsels, who do not have cases listed before the HC, were told to refrain from coming to the Court campus.
Continuing on its earliest instructions to lower courts in the state, the Telangana High Court on Monday again issued precautions to be taken by unit heads of district courts.
The district courts and other subordinate courts were instructed to entertain only urgent matters such as bail applications, temporary injunction applications, remand matters, etc. The trial in all other cases must be postponed for a period of three weeks, the HC said.
After the full court meeting, Chief Justice Chauhan informed that the decision was necessitated given the situation in Telangana and across the entire country, and the next three weeks, as per medical advisories, are very important.
“We are going through a tense situation and we will be passing through a grave critical period over the next three years,” the HC observed.
Despite all precautionary measures taken by the state administration and the Union government, Coronavirus could not be contained, he said, adding that it was still spreading its deadly wings everywhere. The Chief Justice, in a grim voice, said, “There are chances that India will undergo a situation like Italy.”
In cases of a stay expiring, cases would be automatically listed, or on mentioning, the stay will be extended. Bail applications, demolition cases, child custody cases would be taken up, besides other dire urgent matters, if mentioned. All counsels were assured that none of the judges will pass any adverse orders. Women staff need not attend work with an advice to take care of their children at home.
In all contempt cases, where the personal appearance of bureaucrats was ordered, have been dispensed away with. The Chief Justice observed, “I want only 100 people to be in the Court on three working days.”
The CJ advised all counsels, litigants and staff to ensure that their cell phones were cleaned frequently because he had seen a video on social media, which showed that phones could also be a carrier of Coronavirus.
The HC registrar said that in cases where stay was about to expire between March 17 to March 31, counsels were told requested to inform the registry, so that these cases can be listed before concerned benches and a stay would be automatically extended.
While filing of cases is allowed, it does not entitle any party to get them listed before the concerned bench immediately, the HC noted. Counsels are requested to describe nature of urgency, if they wished for a case to be taken up on an urgent basis.
The nature of urgency shall be decided by the registrar (judicial), or concerned judge, the CJ ordered. The Bar Association hall and lunch room for lady advocates shall remain closed until further orders.