OVERVIEW
Bombay High Court judge, Justice Gautam Patel issued guidelines for the regulation of crowd in courtrooms on Thursday, stating his concerns in view of rising COVID cases in Maharashtra.
Justice Patel also mentioned that he may soon start hearing cases online if people do not cohere to the COVID guidelines such as social distancing and wearing masks observing the risks posed by overcrowding of lawyers and litigants in court.
BACKGROUND
Courts in Maharashtra had opted online hearings in the initial phase of the pandemic. However, on December 1, 2020, the Court issued a notice to opt a new standard operating procedure, resuming all physical hearings.
However, later the court switched to a ‘hybrid system’ of hearing involving a mix of physical and virtual hearing. The Principal Bench is also presently hearing matters virtually once or twice a week.
FURTHER DETAILS
Policemen have been stationed outside each courtroom in the High Court to monitor the crowd entering the courtrooms. Despite the arrangement, overcrowding has been observed.
“There is far too much overcrowding in Court Room 37. Advocates and Parties are not observing safety norms and precautions. For this reason, with immediate effect, only those who have matters in court will be permitted entry. There may be a random check and those without matters will be made to leave.”
In light of the above concerns, the judge issued a notice setting out directives to be adhered to by lawyers as well as litigants appearing in court to ensure that social distancing norms are followed.
The directives required the following measures to be undertaken:
- With immediate effect, only those who have matters in Court will be permitted entry.
- Advocates and parties are to come to court in accordance with the time-slots which are specified at the top of the board.
- Advocates in the next time slot are not to come into the courtroom ahead of time.
- There may be random checks by the court staff and those without matters will be made to leave.
Further, the judge also instructed the court associates to flash messages on the online display board if the time-slots have been delayed for any reason.
CONCLUSION
In light of the upcoming second wave of COVID-19 cases in Maharashtra, the guidelines are a good measure taken by the Bombay High Court to maintain precautionary measures and decorum in the courtrooms.
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