4 SC judges to hear urgent cases online, lower courts only bail pleas

The chief justice on Sunday for the first time in the country empowered the Appellate Division chamber judge and three High Court judges to hear online the most urgent matters relating to writ petitions, bail appellations and civil and company cases during the long public holiday due to the COVID 19 pandemic.

Similarly, the district and metropolitan sessions judges, special judges, speedy trial tribunals and women and children repression prevention tribunals, juvenile courts, the chief metropolitan magistrates and chief judicial magistrates were empowered to hear only bail applications during the public holiday.

Justice Obaidul Hassan, Justice Jahangir Hossain and Justice Muhammad Khurshid Alam Sarkar will operate the online vacation courts singly, according to an order issued by Chief Justice Syed Mahmud Hossain.

 

The order said that Justice Obaidul Hassan would hear the writ petitions, Justice Jahangir Hossain the applications and other criminal matters and Justice Muhammad Khurshid Alam Sarkar the civil and company matters. 

From Monday (today) lawyers could file applications through bench assistants’ emails to be posted on the websites of the Supreme Court and the subordinate courts.

The chief justice directed the vacation courts to follow the newly promulgated ordinance for the use of information and technology by courts and also online court guidelines framed by the Supreme Court while hearing the cases.

Earlier in the morning, the online full court meeting of all judges approved the 14-point online court guidelines placed by the Chief Justice.

The online court guidelines said that lawyers would be required to file applications or petitions via the email addresses of the bench officers of the courts concerned along with a one-page application in support of the urgency of virtual hearing.

The email addresses of the bench officers concerned shall be published on the Supreme Court website, added the guidelines.

 The applications in soft copy is to be typed on legal size paper giving double spacing, two-inch margin and using size 14 Times New Roman font.

Alternatively, any application typed on blue paper may be scanned and uploaded electronically and sent via email to the relevant bench officer.

The scanned copy of any documentary evidence produced in support of the application must be in PDF format and authenticated and certified by the filing lawyer.

A wakalatnama containing the name, mobile phone number, email address and bar association membership number of the filing lawyer is to be uploaded by the lawyer concerned by scanning the same and sending it via email in PDF format.

The necessary court fees and costs, to be assessed by the relevant section, shall be paid by the party concerned within 72 hours of opening of the regular court.

The filing lawyer will give an undertaking as to the truth of the statements made in the application/petition and the genuineness of any document annexed.

If, later on, it is found that the filing lawyer has made any false statement, the lawyer concerned will be held liable and be dealt with in accordance with the law.

On receipt of the application, a case number consisting of the relevant court number followed by the serial number, prefixed with the letters ‘VC’ will be given by the bench officer concerned, which shall be communicated to the filing lawyer by SMS and email and used until opening of the regular court when the appropriate section will allocate a regular case number.

On receipt of the application the bench officer concerned will print out the soft copy and create a hard copy record.

The soft copy of the application with the supporting documents, if any, shall be forwarded to the Judge concerned by email.

On receipt thereof the Judge shall, upon considering the urgency of the matter, fix a date and time for hearing and accordingly inform the bench officer concerned.

The bench officer, upon receipt of the date of hearing of the matter, shall post the matter in the online cause list and at the same time send an email/SMS to the filing lawyer, the opponent’s lawyer, if any, and the office of the attorney general informing them of the date and time of hearing, upon supplying them with a soft copy of the application and supporting documents, if any. 

The bench officer will also intimate them that the hearing will be held by virtual means using Microsoft Teams Application or any other video conferencing application to be notified, and may advise the advocates concerned, if necessary, to download the application and be ready to join the virtual hearing 15 minutes before the time fixed for the hearing.

The Judge and advocates concerned shall be in proper court dresses without gown and maintain decorum in the virtual hearing.

After the conclusion of the hearing, the order of the court shall be pronounced and the written order signed by the Judge shall be scanned, uploaded and communicated by the bench officer concerned via email to the advocate of the party/parties concerned, the office of the attorney general and the relevant court below, as the case may be.

In the course of virtual hearing if any difficulty arises, then the Judge concerned may resort to such measures as may be necessary for the smooth virtual hearing of the case.

News Courtesy: www.newagebd.net