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In COVID-19 Midst, J and K HC Grapples With Lack Of E-Connectivity To Facilitate Hearings

The Jammu and Kashmir High has taken note of the importance of  ‘e-connectivity’ Court while monitoring the multiple issues arising out of the COVID-19 pandemic. 

A division Bench of the Chief Justice Gita Mittal and Justice Rajnesh Oswal stated that ‘e-connectivity’ to the courts is an issue of ensuring access to justice to the citizens, it is a fundamental right and cannot be impeded in any manner while conducting hearing in a Suo Motu PIL on issues arising during COVID19 Pandemic. 

According to the Bench, its not possible for any Court to discharge its essential judicial functions if ‘e-connectivity’ is not available, during the ongoing pandemic. 

The Bench had directed the Regitrar (IT) to submit a report of the incident where a certain equipment including a converter and a router, that was meant to aid the connectivity in a Magistrate Court at Udhampur had burnt on account of faulty installation. The Registrar informed the Court that the Court officers did not have the capacity or technical knowledge of how to install the equipment more safely by using a UPS stabiliser.

The Bench noting that the fault had been unreasonably fastened on court authorities without application of mind, directed BSNL to install equipments at the Magistrate Court and file an action taken report before June 10. 

Regarding the issue of stray animals and cattle during the lockdown, the Court noted that measures have been taken for their welfare and has asked the authorities to give a clarification and submit a report regarding the availability of veterinary facilities.

The Court also took note of the measures taken for providing sufficient protective gear such as PPE including goggles, face- shield, mask,  head cover and shoe cover. etc. to the healthcare workers and noted that no directions in this regard were required to be issued and asked the Department of Health and Medical Education to ensure that kits are made available to all the healthcare personnel.

The Bench also heard the issue of how people far flung areas as Gurez, Tangdhar, Machail, Uri, have suffered and are in dire need of some basic requirements, but was unsure if the prayers in that regard could be granted. While observing that it is a very critical issue and the official respondents are bound to ensure that the essentials are made available to every person living in the Union Territory, a notice was issued and the Sr. AAG has been asked to file a response. 

The next hearing of the case is scheduled to be on June 10, 2020.

Read the Order Here;

03-06-2020-WPPIL-4-and-5-of-2020

-India Legal Bureau

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