District courts, MACT, Family, CBI & Special Judges Courts to resume limited functioning from 12 July

July 9: In supersession of all previous orders/ notifications, the Gauhati High Court on 9 July, 2021 has issued certain guidelines in respect of the Subordinate Courts of Assam. The Gauhati High Court has authorized the District & Sessions Judges of Assam, the Presiding Officers of MACT/Family Courts/CBI Courts and all the Special Judges Courts etc. to resume limited Court functioning, with effect from 12 July, 2021, except in the districts with high positivity rate of Covid-19 cases, where the Government imposes complete lockdown from time to time.

The following category of cases may be taken up:

• District & Sessions Judge/Addl. District & Sessions Judge
• Hearing of Bail Application u/s 438/439 of Cr.P.C.
• Criminal Revision/Criminal Appeals.
• Recording of evidence in cases where sitting/ former MPs/MLAs are accused persons.
• Recording of statement of accused persons u/s 313 of Cr.P.C. by invoking sub-section (5) of Section 313 Cr.P.C.
• Recording of evidence of M.0./1.0./Judicial Magistrates through video conferencing.
• Succession Matters.
• Civil Appeals.
• Submission of Examination-in-chief on affidavit.
• Cross examination of witnesses before Advocate Commissioner by maintaining Covid-19 protocols.
• Injunction Matters.
• Arbitration Matters.
• Arguments.

MACTs:

• Submission of examination-in-chief on affidavit
• Cases pending for framing of issues in which the opposite parties have already filed WS
• Cases pending for argument.
• Cases pending for defence witness but the Insurance Company is not willing to adduce any defence witness can be posted for argument.
• Cases pending for miscellaneous hearing in which physical involvement of litigants is not necessary.
• Issue of Cheques to the claimants by maintaining Covid-19 protocols.

Family Courts:

• Civil and Criminal Execution cases.
• Maintenance pendente lite cases.
• Petitions seeking interim maintenance.
• Enhancement/reduction/cancellation of maintenance allowance cases.
• Withdrawal/ compromise petitions.
• Cases relating to u/s 125 Cr.P.C.
• Submission of Examination-in-chief on affidavit.
• Cases fixed for framing of issues.

Special Judge, Assam/ Special Judge, CBI/Special Judge, NIA:

• Cases that are at the stage of final argument/ judgment.
• Bail hearing, other Misc. Cases and petition hearings.

Labour Court/Industrial Tribunal:

• Cases fixed for framing of issues.
• Submission of examination-In-chief on affidavits.
• Cases fixed for arguments

Chief Judicial Magistrate/ Addl. Chief Judicial Magistrate/JMFC:

• Bail Applications
• Zimma Petition
• Recording of evidence in cases where sitting/former MPs/MLAs are accused persons.
• Recording of statement of accused persons u/s 313 of Cr.P.C. by invoking sub-section 5 of Section 313 Cr.P.C.
• Maintenance Applications.
• Application for Protection order under the Protection of women from Domestic Violence Act, 2005.
• Recording of statements u/s 164 of G.P.C. of the victims and confession of statements of the accused persons.
• Recording of evidence of M.O./I.O./through video conferencing.
• Submission of examination-in-chief on affidavits in cases u/s 138 of NI Act.
• Cases at the stage of arguments.

Principal Magistrate (Juvenile Justice Board):

• Ball Applications
• Zimma Petition
• Application for preliminary assessment of CCL
• Cases at the stage of arguments.

Civil Judge/Munsiff:

• Title Appeals/Misc. Appeals
• Miscellaneous Applications filed under various provisions of Code of Civil Procedure
• Injunction Matters
• Execution Matters where urgent stay is required
• Submission of examination-in-chief on affidavits
• Cases at the stage of arguments
• Cross examination of witnesses before Advocate Commissioner by maintaining Covid-19 protocols.

The concerned District and Sessions Judges / Presiding Officers may hear / take up any other item, not included above, which is deemed to be of utmost importance and urgency. It was also notified that members of the staff of all Grades who are fully vaccinated, except those who are 55 years of age and above, shall attend office on every working day. Members of the staff of all Grades who have not received any dose or who have received a single dose of the Covid-19 vaccine shall attend of as per the working arrangement determined by the concerned District and Sessions Judges / Presiding Officers.

Further, entry of outsiders shall be strictly prohibited in the Court premises unless specifically directed by the concerned authority or unless personal appearance of a party is required in a judicial proceeding. No person, except the Advocates/ parties appearing in person, who are to address arguments, shall be permitted in the Court rooms. Bar rooms and canteens shall continue to remain closed. All Court rooms must be thoroughly sanitized after court hours on a day to day basis

This Notification shall remain in effect until further order(s) and the districts with high positivity rate of Covid-19 cases, where the Government imposes complete lockdown from time to time, shall continue to follow the guidelines issued in Notification No. 35 dated 1st May, 2021.