2020 (5) TMI 714 - HC - GST

Extension of hearing period on account of lockdown (third phase) in the whole country - outbreak of novel Corona Virus for the third consecutive year - HELD THAT - For the consequential lockdown due to COVID-19 in three phases including the present one, working of this Court, other subordinate courts as well as judicial and quasi-judicial authorities working under the superintendence of this Court, has been affected to a great extent. The situation has resulted in hardship for the litigants and ordinary citizens to approach the court of law to take recourse to legal remedies. With a view to ensure that the litigants and citizens do not suffer on account of their inability to approach the court of law, we propose to invoke our plenary power under Article 226 and power of superintendence under Article 227 of the Constitution of India, our inherent power over the criminal matters under Section 482, Cr.P.C., our power of superintendence over criminal courts under Section 483, Cr.P.C. and our inherent power over the civil matters under Section 151 of the C.P.C. All interim orders / directions issued or protection granted including any order requiring any compliance by the parties to such proceedings, passed by this Court or any court subordinate to it or any Family Court or Labour Court or any Tribunal or any other Judicial or Quasi Judicial forum in the State of Odisha, over which this Court has power of superintendence, which were subsisting as on the date of commencement of national lockdown, shall stand extended till 18th June 2020 - it is further directed that the interim orders or directions of any court in the State, which are not of a limited duration and were meant to operate till further orders, shall continue to remain in force until modified / altered / vacated by specific order of the court concerned in a particular case. List this matter before the appropriate Bench on 18th of June, 2020.

Summary

Issues:
1. Extension of interim orders and directions due to COVID-19 lockdown.
2. Impact of lockdown on court proceedings and litigants.
3. Exercise of plenary power under Article 226 and power of superintendence under Article 227 of the Constitution of India.

Analysis:
1. The judgment addresses the extension of interim orders and directions due to the COVID-19 lockdown. It emphasizes the need to ensure that litigants do not suffer due to the inability to approach the court during the lockdown period. The court invokes its plenary power under Article 226 and power of superintendence under Article 227 of the Constitution of India to issue directions to contain the plight of litigants and non-litigants.

2. The impact of the lockdown on court proceedings and litigants is highlighted, acknowledging the hardship faced by citizens and litigants, especially the poor who may not be able to seek legal remedies during this period. The judgment recognizes the challenges faced by the courts in functioning smoothly during the lockdown and aims to address the situation to prevent further suffering for the litigants and ordinary citizens.

3. The judgment exercises the plenary power under Article 226 and power of superintendence under Article 227 of the Constitution of India to issue specific directions to address the challenges arising from the lockdown. These directions include extending interim orders, staying eviction and dispossession orders, and providing guidelines for bail applications and parole extensions. The court emphasizes the need for proper coordination among implementing agencies to ensure that everything is done within the constitutional framework.

This comprehensive judgment by the High Court of Orissa demonstrates a proactive approach to mitigating the impact of the COVID-19 lockdown on court proceedings and litigants. By invoking its plenary powers, the court extends interim orders, provides clarity on various legal procedures, and aims to alleviate the suffering of citizens during this challenging period.