The High Court Bar Association, Allahabad has written a letter to the Chief Justice of the High court Judicature at Allahabad seeking more clarification with respect to the notice issued by the Chief Justice regarding guidelines for the E-filing procedure.
It was mentioned in the letter that the said notice was silent with respect to the filing of vakalatnama and the modes and methods with respect thereto including the category of matters which would be taken up as urgent such as bail applications and other civil matters.
The letter highlighted the fact that during the period of lockdown when all movements are restricted, how can a swearing of affidavit be taken place for E-filing and if in case the pairokar or any client violates the lockdown by coming to the High Court, then the lawyers and their clerks are more vulnerable to the infection of COVID19 on account of physical interaction.
“We are informed that Aadhar based applications/ platforms/ portals are in existence, which can be adopted for doing away physical presence of client or pairokar while fixing responsibility on the relevant persons for the averments made. The said would require short adjustments in the existing procedures of filing affidavits. We are informed that Aadhar e-sign would obviate the necessity of filling affidavits as also digital signatures and secure the physical well being of advocates and their clerks by eliminating physical interaction”, said in the letter.
In the end, the Bar members urged from the High court through their letter to not pass any adverse orders against the lawyers in case of any default in filing procedure through e-filing and also writes that present system of normal filing should be continued for a period of one month so as to provide time to lawyers for upgrading their windows and internet capacity.
-India Legal Bureau