The High Court of Allahabad had made certain directions in extending the term of all the interim orders due to the lockdown and rising number of COVID-19 cases. The order dated 29 July 2020 was extended up to 31 August 2020 considering the status quo of the country.
Background of the Facts
The previous order dated 26 March 2020, had certain directions that were issued on the light of the nation-wide lockdown. It apparently resulted in extending the term of the interim orders passed by the High Court and other subordinate courts.
Due to the lockdown, the citizens find it hard to approach the Courts as there are various rules and regulations to follow with the pandemic at hand. Additionally, keeping social distancing measures in mind, it is also difficult to visit the Court on the set-dates. Hence, the functioning of Courts and other authorities has been significantly affected due to the aforesaid reasons.
Petitioner’s Submissions
The petitioner submitted that the COVID-19 pandemic had taken a toll on the daily functioning of the courts and other concerning authorities which ensures justice to the commoners.
- Any direction or order submitted by any Court in the state will continue till further decree. This excludes any orders or directions given for a restricted amount of time.
- In some cases, parties’ written statement may be pending before a Court or they cannot file the return. They can wait for the extended date in the said case.
- The Court must further extend interim bails granted under Sec. 439 Cr.P.C by the High Court or Session Court.
Court’s Decision
The order dated 29 July 2020 issued after considering the current scenario stated,
“Since the situation arising due to COVID-19 pandemic is still continuing and the working of the Courts and Tribunals stand widely disturbed, we consider it appropriate to extend the directions contained in the order dated 8th June 2020 and 10th July 2020 up to 31st August 2020.”
It was further made clear that,
- Those interim orders which are not of limited duration and are to operate till further orders will remain unaffected.
- If bail has been granted in anticipation as an interim measure for a specific period and that period is going to expire on or before 10 June 2020, the same shall stand extended up to 31 August 2020.
- If any under trial or juvenile in the conflict has been enlarged on bail through a judicial order and the period for such enlargement is going to expire on or before 14 June 2020, the same shall stand extended up to 31 August 2020.
- Moreover, if any orders of eviction, dispossession or demolition are already passed by the High Court, District or Civil Courts, the same shall remain in abeyance till 31 August 2020.
The situation will be reconsidered on 19 August 2020.
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