E-filed matters will be listed only on production of physical copies: Kerala High Court

In the face of protests against the implementation of e-filing in the State, the Kerala High Court has put up a notice on its website stating that even cases which are filed using the e-filing portal, will be listed only on production of physical copies of the petition..On January 1, 2022, the Kerala High Court had issued a notification stating that filing of all cases at the Court would be through e-filing. Interestingly, the notification said that despite filing cases via e-filing, lawyers will have to submit two sets of physical copies of the e-filed cases."All fresh files and miscellaneous matters like interlocutory applications, objections, counter-affidavits, etc shall be e-filed with effect from January 1, 2022. The counsel concerned shall present two sets of physical copies of e-filed cases, by taking print out from the dashboard, after verification order sheet shall be attached along with the physical copies as is being done at present," the January 1 notice had said..On the same day, the Standard Operating Procedure for e-filing at the District Judiciary was issued which stated that with effect from the new year "e-filing along with physical filing is mandatory for all categories of cases to which e-filing is applicable, including cases which are pending in courts as on 01.01.2022"..Upon being informed by the Kerala High Court Advocates Association of some difficulties faced in e-filing during peak hours due to some technical snags, the High Court has also issued a notification on Monday temporarily permitting physical filing."On preliminary examination certain technical issues have been identified, and steps are in progress to resolve the same. Hence, physical filing will be permitted temporarily, until the technical snag occumed in e-filing is resolved, on condition that digital version of the file will be uploaded within seven days and that a memo has to be filed to that effect. However, during these days if e-filing is possible, it is open to all to adopt that mode", the notice said. .New Year's Day was an eventful one for the Kerala judiciary and legal fraternity, which saw the inauguration of e-filing, paperless courts and e-offices. At the inauguration event, attended by Chief Minister Pinarayi Vijayan, Kerala High Court Chief Justice S Manikumar, and Justice DY Chandrachud, Supreme Court judge and Chairperson of the top court's e-committee, discussed the multiple benefits of e-filing for judges, lawyers, Court staff and litigants..Simultaneously, outside almost all the district courts across Kerala, advocate clerks organised a protest against the same.Speaking to Bar & Bench, Kerala Advocate Clerks Association President, Rajendran VK said, "There are over 10,000 advocate clerks in Kerala so over 10,000 families are affected. When an initiative like this that affects the entire court system is implemented, one would think that the impact on such a significant section would be considered. However, no discussions were held to consider this even though advocate clerks are a section of the court system that would be largely affected by this"He said that the association of advocate clerks hope that future protests and deliberations will lead to providing them with an active role in the e-filing environment..The Kerala High Court Advocates Association (KHCAA) has been consistent in its opposition to the Electronic Filing Rules for Courts (Kerala) 2021 (E-filing rules) introduced by the High Court to regulate the online electronic filing system and facilities which provide for electronic filing in the High Court.The E-filing rules had stoked controversy, with the KHCAA and the Bar Council of Kerala registering protests against the same and threatening to boycott the rules.Subsequently, the Bar Council of India had addressed a letter to the Chief Justice, urging that the High Court administration reconsider the new rules.On May 16, 2021, they had called for the deferment of the implementation of the E-filing rules with the KHCAA deciding to boycott the rules following a general body meeting held the same day.It was decided that all training programmes related to e-filing would be boycotted.In a letter dated June 4, 2021, the Chairman of the Bar Council of Kerala, Joseph John, and the president of the Kerala High Court Advocates' Association, advocate Thomas Abraham had written to the Chief Justice of India, NV Ramana and to the Chief Justice of Kerala, S Manikumar, requesting that orders be passed for the immediate suspension of the electronic filing system in the Kerala High Court.The High Court later modified the e-filing rules. However, in July 2021, the Association issued a notice cautioning members of disciplinary proceedings if they resort to filing of cases via e-filing mode.The KHCAA have been vocal in their opposition of virtual hearings, going so far as to organise a protest meet against the non-resumption of physical hearings at the High Court and subordinate courts in the State.Physical hearings resumed at the Court on November 22, 2021. However, lawyers and litigants are still able to opt for virtual hearings if they wish to.