Patna High Court - Orders
In Re Functioning Of Courts In Bihar ... vs The State Of Bihar on 23 September, 2020
Bench: Chief Justice, Dinesh Kumar Singh, Hemant Kumar Srivastava
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5633 of 2020
======================================================
In Re Functioning of Courts in Bihar during the period of COVID-19,
PANDEMIC
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance:
For the State : Mr. Lalit Kishore, Advocate General
For the Union of India : Dr. K. N. Singh, Addl. S.G.
For the Advocates' Association : Mr. Yogesh Chandra Verma, Sr. Advocate
Mr. Shailendra Singh, Advocate
For the Lawyers' Association : Mr. Ajay Thakur, Advocate
Mr. Rajeev Kumar Singh, Advocate
For the Bar Association : Mr. Sanjay Singh, Advocate
Mr. Mukesh Kant, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
and
HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
(The proceedings of the Court are being conducted by Hon'ble the Chief
Justice/ Hon'ble Judges through Video Conferencing from their
residential offices/residences. Also, the Advocates and the Staffs joined
the proceedings through Video Conferencing from their
residences/offices.)
9 23-09-2020Heard Mr. Lalit Kishore, learned Advocate General, Bihar-cum-Chairman, Bihar Bar Council; Dr. K.N.Singh, learned Additional Solicitor General of India (Patna); Mr. Yogesh Chandra Verma and Mr. Shailendra Singh, President Patna High Court CWJC No.5633 of 2020(9) dt.23-09-2020 2/7 and General Secretary, Advocates' Association; Mr. Ajay Thakur and Mr. Rajeev Kumar Singh, President and General Secretary, Lawyers' Association; and Mr. Sanjay Singh and Mr. Mukesh Kant, President and General Secretary, Bar Association of this Court.
In our previous order dated 2nd of September, 2020, inter alia, we had observed as under:
"Also the learned Advocate General has agreed to submit within two weeks, after discussions with all the Presidents and Secretaries of all the three Advocate Associations, the broad modalities for resumption of Court proceeding through physical mode. This could include the nature of cases to be listed; nature/type and the number of cases to be taken up; number of advocates to be allowed to enter the Court premises; security and sanitation procedure to be adopted; setting of the Courts in the present exceptional circumstances due to pandemic."
Pursuant thereto, the learned Advocate General called for suggestions from the members of the Bar and the Office Bearers of all the three Bar Associations. Only one Senior Advocate and the President of one, out of the three Bar Associations, has responded, as is evident from the Patna High Court CWJC No.5633 of 2020(9) dt.23-09-2020 3/7 communication of the learned Advocate General received on 22nd September, 2020 which is reproduced as under:-
"Office of the Advocate General, Bihar High Court, Patna From, Lalit Kishore, Advocate General, Bihar To, The Registrar General, High Court, Patna In light of the order dated 02-09-2020 passed in CWJC No.5633/2020, I requested the Presidents of all the three Associations namely Advocate Association, Bar Association and Lawyer's Association for apprising me their suggestions in respect of viability and modalities for holding physical Court's proceedings.
Till date only the President of the Bar Association has forwarded his suggestions, which is attached along with this report.
I have also sought suggestions from some counsels including some senior Advocates.
Mr. Y.V. Giri, Senior Advocate has submitted his suggestion, which is attached herewith.
Some of the Senior Counsels are of the view that for the present the present system of virtual court hearing should continue, whereas some of the younger members of the Bar are of the view that physical Court hearing should resume. At the same time, some of them have suggested that at least three or four physical Courts should start and the Hon'ble High Court should decide the modalities for the same.
Personally speaking, I am of the view that the situation is not so conducive so as to start physical Courts hearing.
In view of the divergent views, I am of the view that the Hon'ble Court should take a decision on the said issue keeping in view all the aspects.
Sd/-
(Lalit Kishore) Advocate General, Bihar"
Patna High Court CWJC No.5633 of 2020(9) dt.23-09-2020 4/7 "Respected Sir, I have had a discussion with the members of the Executive Committee of Bar Association, as regards the physical resumption of the courts in Patna High Court, and we are of the view, that the Hon'ble Court should take a decision in view of the prevailing situation and advisories of the State and other stake holders. However the Committee opined that in case physical courts have to start then the Standard Operating Procedures suggested and adopted by the Hon'ble Supreme Court is most appropriate and acceptable.
Sir, please inform the aforesaid view of the Bar Association to The Hon'ble Court on the next date of proceedings.
With profound regard, Thanking You, Yours Truly Sanjay Singh President, Bar Association Patna High Court."
"Dear Lalit Kishore ji, My suggestion is that 3 or 4 big court rooms should be converted into physical court rooms as has been done in the Supreme Court. The old hearing matters of admitted writ applications as well as criminal appeals (hearing) be listed.
The manual/hard copy filings should be allowed for the new cases.
Regards, Y.V.Giri, Senior Advocate"
Today, during the course of hearing, learned Advocate General who is also the Chairman of the Bihar State Bar Council reiterates his view of the Court proceedings Patna High Court CWJC No.5633 of 2020(9) dt.23-09-2020 5/7 continued to be conducted only through the virtual and not the physical mode.
Mr. K. N. Singh, learned Additional Solicitor General of India (Patna), for the present, fully endorses the view of the learned Advocate General.
Mr. Yogesh Chandra Verma and Mr. Shailendra Singh, President and General Secretary of the Advocates' Association, also endorse the view of the learned Advocate General. However, they desire that: a specific date fixed for resumption of some of the Courts in a physical mode; physical filing be allowed; and the mode of digital filing be eased.
However, they are silent on the concerns expressed by the learned Advocate General and the suggestions invited vide our previous order.
Mr. Ajay Thakur and Mr. Rajeev Kumar, President and General Secretary of Lawyers' Association endorse the view of the learned Advocate General, emphasising that for the present the Court proceedings be continued only through a virtual mode. However, filing of cases through digital mode be improvised and physical filing of cases of a limited manner permitted.
Patna High Court CWJC No.5633 of 2020(9) dt.23-09-2020 6/7 Sri Sanjay Singh and Sri Mukesh Kant, President and General Secretary of the Bar Association, while reiterating the view of the learned Advocate General, also emphasise the need of easing the system of e-filing and listing of cases.
In view of the opinion of all the stake holders, we are of the considered view that before any decision is taken on the re-commencement of Court proceedings in a physical mode, or allowing physical filing, the stakeholders must express their view in reference to our order dated 2nd of September, 2020 reproduced supra.
Also the learned Advocate General and the learned Additional Solicitor General should persuade the respective Authorities/Government for providing the requisite infrastructure for conducting the Court proceedings in a physical mode on the model of, as the members of the Bar so desire, that of Hon'ble the Apex Court.
On all these issues, as agreed, the stake holders would meet and express their opinion which the learned Advocate General would communicate before the next date of hearing.
Having given our thoughtful consideration to the request of the Bar as also the prevalent condition of Covid-19 in Patna High Court CWJC No.5633 of 2020(9) dt.23-09-2020 7/7 the State of Bihar and particularly Patna, our interim order dated 18th May, 2020 is extended up to 5th of October, 2020.
Registrar (List) shall ensure that a copy of this order is sent to all concerned through an electronic mode.
List on 29th September, 2020.
(Sanjay Karol, CJ) (Dinesh Kumar Singh, J) ( Hemant Kumar Srivastava, J) Sujit/ U