Gujarat HC notifies guidelines for physical filings in Subordinate Courts; working to continue by virtual hearing only

The physical filing of new cases is to resume in the subordinate courts across Gujarat from August 4.

In this regard, the Chief Justice has directed the District Judiciary to make arrangements for physical filing at a specific place near the entry point of the Court Campus from August 4, while taking all precautions to contain any spread of the COVID-19 virus.

The note issued by the High Court's Registrar General, however, clarifies that the courts will not resume physical functioning and that hearings will be taken only virtually.

It has been notified that Subordinate Courts, except those falling in Micro Containment Zones, shall start accepting physical filings of cases as per the procedure and guidelines provided by the High Court.

The Courts falling under the Micro Containment Zones shall continue functioning as per the earlier Circulars of the High Court.

The Principal Judicial Officers have been assigned certain duties with respect to the physical filing of cases which include,

• to identify and earmark a dedicated separate room in the Court Complex, with a window to create a counter for submission of documents in a sealed envelope,

• to impress upon the members of the Bar and Staff of the Court that the advocates shall enter the Court Complex one after other as per the norms laid down by the Principal Judicial Officer concerned while ensuring social distancing and wearing masks,

• calling only the requisite number of staff that is necessary for accepting physical filing and for the process upto the registration of the matters,

• ask the staff to wear masks and gloves,

• instruct the advocates to write details like name, mobile number,

  email address, category of cases and an index of documents placed in the sealed envelope on the top on the envelope submitted by them, and;

• urge the advocates to be extra cautious while filing cases so that there are no lacunae or query in case papers, which shall ultimately reduce delay in registration of cases

Apart from the above-mentioned guidelines, the following general instructions have also been notified,

• The timing of physical filing shall be from 11.00 AM to 2.00 PM

• In Court Complexes where a dedicated room cannot be earmarked,

  special counters are to be laid down for physical filing;

• The envelope of case filing so received must be kept in abeyance for

  24 hours. Once the 24-hour window has elapsed, the envelopes shall be sent to the Filing Centre for the purpose of verification, registration and entry in CIS;

• Out of those cases whose physical filing will take place, only matters which can be conducted through video conferencing may be proceeded with;

• In addition to urgent matters, the matters of search warrant under section 97 of the Code of Criminal Procedure, 1973 and recovery of maintenance will also be treated as urgent and be proceeded with accordingly;

• For any other matter wherein the advocate concerned intends to press for urgent hearing, he/she may file a note of urgency along with the main case, which may be considered subject to the discretion of the Judicial Officer concerned, by looking into the facts and circumstances of the case.

The Registrar has pressed upon the fact that the aforesaid guidelines are issued only for the purpose of physical filing, registration of fresh cases and hearing urgent matters and thus, this must not be construed as starting of physical functioning of the Courts.

Read the Notifications here: