COVID-19 Cannot Be A Ground For The Postponement Of Judicial Work: Kerala HC

BACKGROUND OF THE CASE

• The case was filed in 2011 by the two accused in the hand chopping case, originally registered against 31 people.
• Since then, several persons have been convicted or acquitted during the trial.
• However, the petitioners Sajil Makkar and M K Noushad had been escaping for a while before being taken into custody and the trial starting against them.
• This petition was filed challenging the order of the Special NIA Court which had refused to adjourn their trial.

SUBMISSIONS BY THE PETITIONER’S ADVOCATE

• He stated that the first petitioner has co-morbidity due to which he may suffer adverse reactions, if he contracted COVID-19.
• Second petitioner lives in an area which falls within D category and has a Test Positivity Rate of over 18 percent. There triple lockdown has also been imposed.
• He also presented his concerns that with numerous accused persons present, the courtroom would be crowded if it goes to trial and this would violate the COVID-19 protocols.

SUBMISSIONS BY STANDING COUNSEL FOR NIA

• He presented the arrangements made by the Court and the NIA, following the social distancing norms, to proceed with the trial.
• He also stated that, as there are only two accused in custody now, they can conveniently appear through video conferencing.

NIA ARRANGEMENTS

• The NIA Court has made the following arrangements keeping in mind, the COVID-19 guidelines.
• It has made arrangements for maintaining physical distancing in the courtroom.
• The accused can use the digital platform and participate in the trial effectively.
• It has also arranged for the part of trial, to be conducted through video conferencing, such as examining the witness.
• Arrangements for a room near the courtroom hall have also been made. It would allow the accused to sit there and attend the trial via online mode.
• These efforts by the NIA Court were appreciated by the High Court while delivering the judgement.

COURT’S OBSERVATION

• The Kerala High Court dismissed the plea of postponing the trial citing the pandemic, in the hand chopping case.
• It further held that, as the judicial system is already facing delay in its proceedings, COVID-19 must not be considered as a reason for further delaying of the judicial activity.

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