IN THE HIGH COURT OF JUDICATURE AT PATNA
CHAKRADHARI SHARAN SINGH, J.
(3.11.2022)
Criminal Misc. No. 27467 of 2022
Rajesh Kumar : Petitioner
vs.
State of Bihar : Opp. Party
Standard Operating Procedure (SOP) for physical functioning of the Courts (w.e.f 21st February, 2022)–Clause 1 & clause 25–The right of public occurs to the court proceedings is an essential requirement of a open court proceedings, which cannot be dispensed with except in exceptional circumstances and unless restriction on access to court room is imminent and necessary, in the interest of justice or public interest–in the light of subsequent developments, clause 25 of the SOP might either have served purpose while dealing with COVID-19 restrictions or it may not be presently serving any useful purpose, which aspect requires reconsideration at appropriate level–in the present situation, it is wastage of judicial hours by adhering to clause 1 of the SOP, issued nearly nine months back, to the effect that the court shall function for four days only in physical mode and one day in virtual made–Registral general directed to place the matter before Hon'ble the Chief Justice. (Paras 7 & 11)
ORDER
This application for grant of anticipatory bail was filed on 10.05.2022 and came to be registered on 25.05.2022. It has been listed today under the heading ‘For Orders’ with the defects pointed out by the Stamp Reporter dated 20.05.2022. The office note reads thus:—
“Regarding Stamp Reporting Slip submitted for “Orders” before Hon’ble “S.J.” With “S.R.” defect Dated 20.05.2022 S.R. defect i.e.
(ANY CORRECTION IN PETITION BE CORRECTED VIA S.A.)
1. Original copy of vak, fee receipt, notice and aff is required. 2. CC of FIR and Imp order is required. 3. 2nd and 3rd set of petition is required. 4. u/s at para 1 be verified and corrected from FIR.”
2. This is the third consecutive day when defective anticipatory bail applications only have been listed before this Bench with the office notes merely for obtaining orders for removal of defects. I take judicial notice of the fact that the only output in terms of disposal has been disposal of one anticipatory bail application [Cr. Misc. No. 32351 of 2022 (Vijay Ram vs. The State of Bihar] on 01.11.2022, which had become infructuous consequent upon petitioner’s arrest during its pendency. Further, there is no clue as to why this anticipatory bail application and many such applications are being placed for removal of the defects before the Bench, more than five months after the defects were pointed out by the Stamp Reporter in May, 2022 itself.
3. At this juncture, it is pertinent to point out that certain instructions were issued on the administrative side of the High Court prescribing the procedure for on-line filing of the cases to meet the situation, consequent upon the onset of COVID-19 Pandemic and its adverse effects.
4. In the present case, the application has been filed on-line. However, under the procedure in vogue in this Court, the petitioner is also required to file a hard-copy of the on-line application. Non-filing of hard copy of the application is one of the defects pointed out by the Stamp Reporter on 20.05.2022.
5. Further, for a considerable period of time, this Court had been taking up hearing of the cases through on-line video conference because of COVID-19 restrictions, apparently, under the exceptional circumstances. The physical functioning of the Patna High Court subsequently resumed with effect from 04.01.2021 for four days in a week and for every Friday through on-line video conference. However, with the onset of second wave of COVID-19 Pandemic and imposition of restrictions therefor, the court proceedings were resumed through on-line video conference. Thereafter, with restoration of normalcy, restrictions with regard to COVID-19 Pandemic were withdrawn and the physical functioning of the courts resumed with effect from 27.07.2021 with four days a week and through on-line video conference on every Friday. Subsequently, for physical functioning of the High Court, a Standard Operating Procedure (SoP) has been laid down and following instructions have been issued, effective from 21.02.2022:—
STANDARD OPERATING PROCEDURE (SOP) FOR PHYSICAL FUNCTIONING OF THE COURTS
(w.e.f. 21st February, 2022)
General Instructions
1. The Courts shall function in the physical mode four days in a week, and one day in Virtual mode.
2. Gate No.1 shall be kept open exclusively for entry and exit of Hon’ble Judges. Gate No. 3 shall be used for vehicular and pedestrian entry and exit of Registry Officials, Court staff, lawyers and other permitted persons. Gate No. 4 shall remain open for pedestrians only.
3. Entry in the Court premises will be allowed through Gate No. 3 and exit shall be facilitated through Gate No. 3A near Court Officer’s residence.
4. The Vehicles will pass through the UVSS installed at Gate No. 3 and the pedestrians will pass through the cabin equipped with DFMD and baggage scanner cabin for their screening along with their belongings, if any.
5. Advocates, having e-pass for
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....
(1) Once a person has chosen to approach High Court praying for grant of anticipatory bail, by operation of law, his opportunity to approach Sessions Court gets extinguished.(2) Right to life guarant....
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 accused can approach the High Court for anticipatory bail under Section 438 of the Cr.P.C. in exceptional circumstances, especially if the Sessions Judge has ordered the forfeiture of bail and sur....
(1) Contempt of court – A litigant who attempts to pollute stream of justice or who touches pure fountain of justice with tainted hands, is not entitled to any relief, interim or final.(2) Grant of b....
The applicant, who concealed facts and filed a false affidavit, and made a mockery of the orders of the lower court by avoiding the process of summon, bailable warrant, non-bailable warrant, and the ....
Anticipatory bail applications under S.438 must typically be filed in the Sessions Court first, unless exceptional circumstances are demonstrated.
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