Due to the lockdown and rising COVID-19 cases, Orissa High Court has not been functioning. The previous order had extended all interim orders till the date of 18.06.2020. As a result of the new order, the Court further extended all the interim orders up to 15.07.2020.
Facts of the Case
Due to the lockdown, litigants are finding it hard to approach the court to seek legal recourse. They cannot come to the Court because of social distancing measures. Hence, due to COVID-19, the working of this Court and the other authorities have been greatly affected.
Petitioner’s Submissions
The petitioner submitted that due to COVID-19, the Court is not able to function in a proper manner. As per the last order on 11.06.2020, the Court extended all the interim orders till 18.06.2020. But due to unexpected situations rising due to COVID-19, the Court has to extend it till further 15.07.2020.
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 CrPc by the High Court or Session Court. Additionally, the police should not be in an urgency to arrest under section 41(A)CrPc. This is unless an arrest is necessary for law and order in a cognizable offence mandating a 7-year sentence. This does not restrain the police but instructs them in the current crisis.
Furthermore, it is also directed that banks and financial institutions shall not take action for auction for any property of any citizen of India. Additionally, the Court must direct the Government of Orissa, Central Government, public departments, and public sector companies and firms to extend any orders by 18.05.2020.
Court’s Orders
The Court decided to extend the interim order under Art. 226 (the Power of High Courts to Issue Writs) and Art. 227 (The Power of Superintendence Over All Courts by High Court) of the Constitution. It also extended all criminal matters under Sec. 482 (Inherent Power of High Court) and civil matters under Sec. 151 of CPC (Knowingly Joining or Continuing in Assembly of 5 or More After It Has Been Ordered to Disperse) till 15.07.20. As a result, the High Court directed all courts, tribunals, judicial and quasi-judicial authorities to follow these directions.
The parties seeking relief covered by the directions can file hard copy or soft of this order. Till the normal functioning of the Court is allowed, it should be further extended up to 15.07. 2020.
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