SCAORA urges Supreme Court to implement suggestions made by Advocates on Virtual Courts, E-filing and Registry, letter sent to SC Secretary-General.
(Judicial Quest News Network)
The SCAORA has made a representation to the Supreme Court Secretary General through a letter seeking implementation of the recommendations made by the Advocates-on-Record and other Advocates at the Bar regarding various aspects including helplines e -filing and others.
The letter signed by the Secretary of the Supreme Court Advocates-on-Record Association (SCAORA), Joseph Aristotle, mentions that a number of suggestions that have been made with respect to issue being faced by lawyers with respect to Helpline Numbers, e-filing, Virtual Courts, and functioning of the Court’s Registry.
The representation urges A-G to take expeditious action on these recommendations for the benefits of smooth functioning of the system.
HELPLINES ISSUE
1. Provide a separate dedicated helpline and email for
answering queries with regard to refiling, listing, process etc.,
which is not covered, under any of the three categories in the
circular dt.17.04.2020 and notify the same.
2. To frame a time limit for marking of defects and listing from
the date of the curing of defects.
3. To frame an organized mechanism for circulation of letters
with a provision to send a copy to the email id of the
concerned Hon’ble Judge, as in most of the matters; the
letters are not communicated to the Hon’ble Judges by the
registry. The circulation of letter should be acknowledged
with proof.
4. Mechanisms to apply for certified copy online and optionally
the certified copy can also be sent vide post to the
correspondence address of the AOR (at the expense of the
respective AORs).
SCAORA’s recommendations about the Registry
1. To frame a time limit for listing of the urgent matters from
the date of mentioning and prompt action on listing of the
same.
2. To frame a time limit for marking of defects and listing from the date of the curing of defects.
3. To frame an organized mechanism for circulation of letters
with a provision to send a copy to the email id of the
concerned Hon’ble Judge, as in most of the matters; the
letters are not communicated to the Hon’ble Judges by the
registry. The circulation of letter should be acknowledged
with proof.
4. Mechanisms to apply for certified copy online and optionally
the certified copy can also be sent vide post to the
correspondence address of the AOR (at the expense of the
respective AORs).
5. Procedures to apply for deletion of matters- in the proposed
list vide circular dt. 22.05.2020.
6. Timely update of names in the cause list (especially with
regard to caveats, fresh vakalats, etc), to enable- the AORs to
procure the links for VC on time.
7. With regard to any matter filed before 31.0.3.2020., the
registry should not insist on A4 size paper and printing/photo
copy on back to back. Further the said files may be permitted
to be refilled as per the prevailing system.
8. Negligible defects should not be raised by the registry.
9. Clarify vide a circular that the condonation of delay for refiling
should be accordance with the order dated 23.03.2020
in SM WP (C) No.3/2020.
E-Filing:
With regards to e-filing a 9-point set of representation is made in SCAORA’s letter they are as follows
1. To ensure that a diary number is provided promptly on Efiling.
2. Every document filed vide e-ftling has to be acknowledged
vide a specific reference number.
3. Every I. A. filed has to be numbered, within a specified
period.
4. Organised mechanism for filing of process, as presently the
charges for process are not being calculated in accordance to
the cause title of the matter.
5. A separate receipt for court fees to be generated immediately
upon every payment made vide e-filing.
6. To permit RuPay Card and UPI mode of payment for court fee and other related payments.
7. To provide a separate window for refiling on the dash board
of efiling.
8. Annexure may be permitted to be scanned and filed and
typed copies to be insisted only when the scanned copies are
illegible.
9. To ensure that all documents filed vide e filings are placed
timely in the paper books of the Hon’ble Judges., and publish
office reports accordingly.
Regarding Virtual Courts there are certain issues faced by Advocates and AORs on account of limited number of links for Video Conference hearings, which stands at two as of now, the letter has pressed for increasing the number of access links.
Virtual Courts (VC)
1. A separate and specific circular/notification be issued with
regard to the terms for availing the facility for video
conferencing in the Supreme Court premises.
2. To inform the Bar the date of commencement of the
automated links for VC vide the email id and mobile numbers
of the concerned AO Rs.
3. An additional link of appearance be provided to the Advocate
On Record, in addition to the presently available two links of
Appearance.
4. To ensure that the VC is not locked for the access of AORs
who have matter in a particular VC, till the end of the board
as the concerned AOR:s who are disconnected due to
technical glitches are not able4o join back th-e VC.
5. To ensure that the concerned AOR’s have-proper access to
the video and audio in VC .and not disconnect the same till the
–
orders are pronounced and the next matter is called by the
Hon ‘hie Court.
6. To ensure and record appearances completely as emailed by
the AOR. At present the appearances are not entered
properly, inspite of emails and entries in the whatsapp group
formed for links of VC.
7. The helpline number 1881 should be exclusively dedicated
only for technical glitches as 1881 is the dedicated helpline
constituted as per Para 6 (iv) of the Order dated 06.04.2020 in
Suo Motto W.P (C) 5/2020 – In Re- Guidelines for court
functioning through video conferencing during covid 19.
8. Further to delete the note that reads as “[ LD.
ADVOCATES-ON-RECORD ARE REQUESTED NOT TO
SHARE VIDEO CONFERENCING LINK WITH
ANYBODY. SHARING OF LINK WILL DEACTIVATE
THE ORIGINAL LINK SHARED WITH ADVOCATE-ONRECORD
ON HIS E-MAIL.]” in the cause list as
sharing/forwarding of links is now advised by the registry, in
the whatsapp group created for links to VC.
9. To restore the prior practice, that in case the
mentioning/application praying for listing on grounds of
extreme urgency is not allowed by the competent authority,
the AOR would be permitted to make oral mentioning before
the Hon’ble Presiding Judge, over the landline phone at His
Lordship’s residential office, in the timings fixed by the
competent authority and if upon such mentioning, the matter
is allowed, the same could be listed as per the directions of the
Hon’ble Judge.
10. To state specific timings of the sitting of the Hon ‘ble Single
Judge as in virtual courts the AORs cannot be communicated
as to what time the normal court of the Hon’ble Bench be
over.
[Read Letter]
