STATE TIMES NEWS
Jammu: The Jammu and Kashmir administration on Sunday granted permission to higher educational institutions to resume off-line classes provided all staff members and students are fully vaccinated, over four months after shutting them owing to the second wave of COVID-19.
The administration, however, extended the closure of schools and coaching centres till further orders.
It also decided to dispense with the mandatory testing for COVID-19 at the entry point to the Union Territory at Lakhanpur for those who have received both dosages of vaccine and allow entry of vaccinated persons into public parks.
SC issues fresh SoPs to facilitate resumption of physical hearing of some cases from Sept 1
New Delhi: The Supreme Court has issued fresh standard operating procedures to accord final hearing of cases in physical mode from September 1, and will employ a hybrid option from Tuesday to Thursday amid strict observance of Covid appropriate norms.
The top court has been hearing cases through video-conferencing since March last year due to the pandemic and several bar bodies and lawyers have been demanding that physical hearings should resume immediately.
The SOP, issued by the Secretary General on August 28, made it clear that the courts would keep hearing miscellaneous cases through virtual mode on Mondays and Fridays.
Wearing of mask, frequent use of hand sanitiser and maintaining physical distancing norms are mandatory for all entrants into the Supreme Court premises, including into the Courtrooms, the SOP said. The procedures mandated that once litigants and the lawyers opt for the hearing through physical mode then hearing through video/tele-conferencing mode to the party concerned will not be facilitated .
The SOP has been issued on the directions of Chief Justice N V Ramana who took note of the recommendations of the Judges’ Committee set up earlier to consider representations and requests of bar bodies that the hearing through physical mode be started keeping in mind the financial and technical difficulties being faced by many lawyers.
With a view to gradually facilitate resumption of physical hearing, the final hearing/regular matters listed on non-miscellaneous days may be heard in the physical mode (with hybrid option), as may be decided by the Bench, considering the number of parties in a matter as well as the limited capacity of the Court rooms; further, any other matter may be heard in physical mode on such days, if Bench directs likewise.
All other matters, including those listed on miscellaneous days shall continue to be heard through video/teleconferencing mode, it said.
The bench, hearing cases through physical mode, may decide taking break during the hearings for a period of about 15 minutes, so that the courtroom may be sanitized, it said.
If the number of advocates for parties are more than 20, the average working capacity of the courtrooms as per Covid norms, the bench at any given time resort to virtual mode of hearing, the SOP said.
In a matter listed for physical hearing…, one AOR (or his nominee), one arguing counsel and one junior counsel per party will be allowed entry; one registered Clerk per party, as may be chosen by the AOR, shall be allowed entry to carry paper books/journals etc…, it said.
Lawyers will have to register on the apex court’s portal and submit their preferences for appearing before the bench within 24 hours of listing of the case for hearing, it said.
The entry of the counsels/parties into the HSZ (high security zone) to appear for physical hearing will be through daily ‘Special hearing passes’ which will be issued by the Registry, on the basis of authorization by the concerned Advocate-on-Record on the portal…, it said.
Multiple chair along with tables are being placed inside courtrooms and it shall be incumbent upon lawyers and litigants to maintain minimum prescribed physical distancing norms , it said, adding every entrant will have to undergo thermal and such other scanning devices as may be installed for detecting body temperature, infection status, etc.
The entry of parties in a matter will be permitted not earlier than ten minutes prior to the start of hearing, it said.
Earlier in March this year the apex court had commenced hybrid proceedings, a combination of virtual and physical hearing, amid demands by lawyers for resumption of complete physical hearings but the system could not take off due to the onset of the second wave of COVID pandemic.
On August 18, the top court had indicated that physical hearing in the apex court, which is conducting proceedings virtually amid the COVID-19 pandemic since March last year, may resume soon.
A bench headed by the CJI had then said that physical hearing in the apex court may start within 10 days.
In July this year, the SCBA had written a letter to the CJI urging that physical hearing in the apex court be resumed saying the COVID-19 situation in the national capital has become almost normal”.
The decisions were taken at a meeting chaired by Chief Secretary A K Mehta.
It was decided to retain most of the COVID-19-containment guidelines, including night curfew, and the district magistrates were directed to strictly ensure that there is full compliance with Covid-appropriate behaviour and defaulters are firmly dealt with under relevant sections of the Disaster Management Act and the Indian Penal Code.
In an order issued after a detailed review of the COVID-19 situation with focus on total weekly new cases (per million), total positivity rate, bed occupancy, case fatality rate and vaccination coverage of targeted population, Mehta who is also the chairperson of the State Executive Committee (SEC) said all schools and coaching centres would continue to remain closed for onsite or in-person teaching till further orders.
However, the higher educational institutions can be permitted to commence with limited in-person teaching subject to 100 percent vaccination of staff and students and specific permission of concerned deputy commissioners, the order said.
It said such institutions can organise special vaccination camps in consultation with the district administration.
Other educational institutions can allow attendance of vaccinated staff for administrative purposes, Mehta said.
In a series of measures aimed at preventing the spread of COVID-19 infection, the Jammu and Kashmir administration on April 18 had ordered closure of all educational institutions, including universities and colleges, till further orders.
The maximum number of people permitted to attend any indoor or outdoor gathering would be strictly restricted to 25, the order said, adding there would be no weekend curfew in any district but the night curfew would continue to remain in force in all districts from 8 pm to 7 am till further orders.
At entry point to UT of J&K at Lakhanpur, mandatory testing for COVID can be dispensed with for those who have received both doses of vaccine provided a reliable and verifiable system can be put in place in consultation with the medical team, the chief secretary said.
He said the entry into public parks can be permitted to vaccinated persons with due verification.
Directing for ‘no drop’ in COVID-19 testing levels, Mehta said the Deputy Commissioners would also focus on the positivity rates of the medical-blocks under their jurisdictions.
The order said the Deputy Commissioners would keep active track of the positivity rates in blocks and consider implementing stricter control measures in closed clustered spaces like public or private offices, community halls, malls and bazaars in case weekly positivity rate goes beyond four per cent in these blocks.