2020 (3) TMI 1305 - HC - Indian Laws

Grant of Anticipatory Bail - recovery proceedings by the Government of India and Public Sector Undertakings owned or controlled by the Government of India - extension of bail which got expired during lockdown period - HELD THAT - As regards bail applications of convicts and under-trial prisoners, the High Court, on the administrative side, had taken a decision to hear applications seeking bail/anticipatory bails/suspension of sentence, as the case may be, and posted some of the cases for hearing tomorrow (26.03.2020) - Now, the Hon'ble Supreme Court in Suo Motu Writ Petition 2020 (4) TMI 572 - SC ORDER has issued directions to the State Governments/Union Territories to constitute a High Powered Committee in respect of bail matters, which has already been done. Hence, this Court deems it fit that those applications need not be taken up for hearing and it is left to the High Powered Committee to decide. In the interim order of the Hon'ble Supreme Court, there is no reference to the anticipatory bail applications. On instructions, Shri Ranjith Thampan, learned Additional Advocate General submitted that, in view of the National lock down for 21 days declared by the Hon'ble Prime Minister, and the difficulties expressed by the staff and Law officers attached to the Office of the Advocate General, they may not be able to attend the office or Courts. It is the further submission that it is not possible to get instructions from the officers concerned, and therefore, the learned Additional Advocate General, by letter dated 25.03.2020, has requested the Registrar General, High Court of Kerala that all the proceedings have to be postponed. Thus, right of personal liberty guaranteed under Article 21 of the Constitution of India should not, at any rate, be infringed by arresting an accused, except in matters where arrest is inevitable. However, the State is at liberty to take appropriate decision in respect of heinous/serious offences and in rest of the cases, State may act accordingly.

Summary

Issues Involved:
1. Extension of interim orders during the lockdown.
2. Recovery proceedings under State laws.
3. Recovery proceedings by the Government of India and Public Sector Undertakings.
4. Criminal matters, including bail and anticipatory bail.
5. Release of prisoners to reduce overcrowding in prisons.
6. Functioning of courts during the lockdown.

Detailed Analysis:

1. Extension of Interim Orders During the Lockdown:
The judgment acknowledges the difficulty litigants face in approaching courts due to the lockdown announced on 24th March 2020. Consequently, the court extends all interim orders passed by courts/tribunals under its supervisory jurisdiction, which are due to expire during the 21-day lockdown period, by one month from the date of the judgment. This extension also applies to pending applications for extending or vacating interim orders.

2. Recovery Proceedings Under State Laws:
The Additional Advocate General for Kerala informed the court that the state government decided to defer all recovery proceedings, including those related to electricity, water, and Abkari matters, until 30th April 2020. The court recorded this submission and noted that no recovery proceedings would be initiated or continued until the specified date.

3. Recovery Proceedings by the Government of India and Public Sector Undertakings:
Attention was drawn to a Supreme Court order dated 20th March 2020, which stayed further proceedings in certain writ petitions and indicated that the Government of India would evolve a proper mechanism to address concerns during the pandemic. The Assistant Solicitor General assured adherence to this order, and the court expressed hope that no action would be taken until such a mechanism is in place.

4. Criminal Matters, Including Bail and Anticipatory Bail:
The judgment extends orders of bail or anticipatory bail, which are limited to a specific period and may expire during the lockdown, by one month. This extension is made under Articles 226 and 227 of the Constitution and Sec. 482 Cr.P.C. The court also referred to a Supreme Court order directing the constitution of a High Powered Committee to determine the release of prisoners on parole or interim bail to reduce overcrowding in prisons. The Kerala government has complied by forming such a committee and issuing relevant directives.

5. Release of Prisoners to Reduce Overcrowding in Prisons:
The Supreme Court directed states/UTs to form committees to decide on the release of prisoners convicted or undertrial for offences with a prescribed punishment of up to 7 years. The Kerala government constituted a High Powered Committee and issued a notification detailing measures to reduce prison overcrowding, including stopping physical presence of undertrial prisoners in courts, restricting prisoner transfers, and granting ordinary leave to eligible prisoners for 60 days.

6. Functioning of Courts During the Lockdown:
The Bar Council of Kerala and the Bar Council of India suggested a total shutdown of courts during the lockdown. The court recognized the difficulties faced by legal staff and litigants and emphasized that the right to personal liberty under Article 21 should not be infringed. It advised that arrests should be avoided unless inevitable, and bail should be the norm. The court also noted that coercive actions by local self-government institutions and public sector undertakings should be deferred due to the lockdown.

The judgment concludes with instructions for the publication and communication of the order to ensure public awareness and compliance.