Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
SANJAY KAROL, SHIVAJI PANDEY, ASHWANI KUMAR SINGH, JJ.
In Re: Functioning of Courts in Bihar during the period of COVID-19, PANDEMIC (Corona Virus) – Petitioner
Versus
The State of Bihar and Ors – Respondent
Civil Writ Jurisdiction Case No.5633 of 2020
Decided On : 26-03-2021
Corona Pandemic – Remedial Measures – Since 4th January 2021, all Benches of this Court have started regularly sitting in their respective Court Rooms and heard matters by way of a physical mode, with observance of all precautions and prescribed norms of Standard of Procedure (SOP), notified from time to time – As of date, accounting for interest of all stakeholders, including aged members of Bar, Court has put in place a hybrid model for hearing of cases – In first session, i.e. before lunch, all Judges are sitting in their respective Court Rooms and hearing cases, with Lawyers appearing personally, whereinafter, in second session, i.e. post-lunch cases are taken through virtual mode – Even this model has yielded a great result – In view of directions passed by Supreme Court in Suo Motu Writ Petition (Civil) No.3 of 2020, titled as In Re: Cognizance for Extension of Limitation, on 8th March 2021, all directions issued in instant petition, dealing with limitation, would automatically stand modified – All other issues are left open to be considered and dealt with on the administrative side. (Paras 5, 9 and 10)
JUDGMENT :
SANJAY KAROL, J.
1. This is in continuation of our earlier orders dated 30.04.2020; 18.05.2020; 03.06.2020; 19.06.2020; 09.07.2020; 12.08.2020; 02.09.2020; 23.09.2020; 29.09.2020; 30.09.2020, 01.10.2020 and 19.10.2020 passed in the instant petition.
2. We have heard Mr. Lalit Kishore, learned Advocate General, Bihar-cum-Chairman, Bihar State Bar Council; Dr. K.N.Singh, learned Additional Solicitor General of India (Patna); Mr. Yogesh Chandra Verma and Mr. Shailendra Kumar Singh, President and General Secretary, Advocates' Association; Mr. Ajay Kumar 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.
3. Much progress has taken place since the passing of our last order dated 19th October, 2020. The Court has evolved and made operational effective and efficient systems for filing, listing, and hearing of matters, which have yielded fruitful results.
4. A data of the institution, hearing and disposal of cases for the period March 2020 to March 2021, as supplied by the Registry, depicting the monthly position, is extracted hereinunder:-
| Details of Filing, Hearing and Disposal by the Patna High Court during lock-down period | ||||||||||||
|
| Institution | Hearing | Disposal | |||||||||
| E-Filing | Physical Filing | E-Hearing | Physical Filing | E-Disposal | Physical Disposal | |||||||
| Civil | Criminal | Civil | Criminal | Civil | Criminal | Civil | Criminal | Civil | Criminal | Civil | Criminal | |
| Mar-20 |
| 98 |
|
| 1 |
|
|
|
|
|
|
|
| Apr-20 | 30 | 15 |
|
| 33 | 42 |
|
| 8 | 16 |
|
|
| May-20 | 532 | 551 |
|
| 606 | 2373 |
|
| 171 | 1341 |
|
|
| Jun-20 | 933 | 1960 |
|
| 3145 | 10602 |
|
| 1089 | 5938 |
|
|
| Jul-20 | 229 | 923 |
|
| 2199 | 5376 |
|
| 1331 | 2762 |
|
|
| Aug-20 | 205 | 1047 |
|
| 1432 | 2751 |
|
| 400 | 1211 |
|
|
| Sep-20 | 958 | 2778 |
|
| 2784 | 6343 |
|
| 818 | 3186 |
|
|
| Oct-20 | 542 | 3807 |
|
| 1262 | 4599 |
|
| 394 | 2395 |
|
|
| Nov-20 | 138 | 2905 |
|
| 1630 | 4760 |
|
| 426 | 2525 |
|
|
| Dec-20 | 2525 | 9230 |
|
| 2104 | 6000 |
|
| 824 | 3316 |
|
|
| Jan-21 | 3713 | 9965 | 583 | 371 |
|
| 2293 | 6113 |
|
| 692 | 3511 |
| Feb-21 | 3015 | 6431 | 569 | 1079 |
|
| 2602 | 7053 |
|
| 907 | 3884 |
| Mar-21 | 1944 | 6926 | 904 | 1010 |
|
| 3035 | 7454 |
|
| 1031 | 4242 |
| Total | 14764 | 46636 | 2056 | 2460 | 15204 | 42846 | 7930 | 20620 | 5461 | 22690 | 2630 | 11637 |
| Sub Total | 61400 | 4516 | 58050 | 28550 | 28151 | 14267 | ||||||
| Grand Total | 65916 | 86600 | 42418 | |||||||||
5. Since 4th January 2021, all Benches of this Court have started regularly sitting in their respective Court Rooms and heard matters by way of a physical mode, with the observance of all precautions and prescribed norms of Standard of Procedure (SOP), notified from time to time. As of date, accounting for the interest of all the stakeholders, including the aged members of the Bar, Court has put in place a hybrid model for hearing of cases. In the first session, i.e. before lunch, all Judges are sitting in their respective Court Rooms and hearing the cases, with the lawyers appearing personally, whereinafter, in the second session, i.e. the post-lunch cases are taken through virtual mode. Even this model has yielded a great result.
6. The data indicating institution, hearing and disposal of matters from 1st January 2021 to 25th March 2021, as provided by the Registry, is extracted hereinunder:-
Detail of Institution, Hearing and Disposal
As on 26-03-2021 11:03:14 AM
| The High Court of judicature at patna | ||||||||
| Detail of Institution, Hearing and Disposal (Date From 01-01-2021 To 25-03-2021) | ||||||||
|
| Institution | Hearing | Disposal | |||||
| E-Filing | Physical Filing |
|
| |||||
| Civil | Criminal | Civil | Criminal | Civil | Criminal | Civil | Criminal | |
| 8672 | 23322 | 2056 | 2460 | 7930 | 20620 | 2630 | 11637 | |
| Total | 31994 | 4516 | 28550 | 14267 | ||||
| Grand Total | 36510 | 2855 | ||||||
Anticipatory bail application – On-line filing of cases – Right of public access to court proceedings is an essential requirement of an open court proceedings, which cannot be dispensed with except i....
The main legal point established in the judgment is the court's authority to extend limitation periods and provide specific guidelines for legal proceedings under extraordinary circumstances such as ....
Covid-19 - Pandemic - Streamlining process of virtual hearing and restraining personal/physical hearing - Circular restarting of physical hearing of District Court and also from its subsequently havi....
Corona Pandemic – Post Lockdown – In computing period of limitation for any suit, appeal, application or proceeding, period from 15.03.2020 till 14.03.2021 shall stand excluded and balance period of ....
(1) Extension of period of limitation – Legal effect and coverage of Orders passed by Apex Court in SMWP No. 3 of 2020 cannot be unnecessarily narrowed – Having regard to their purpose and object, fu....
The main legal point established in the judgment is the extension of interim orders and the authorization of bail applications through e-mail and video-conferencing due to the lockdown restrictions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
