2020 (3) TMI 1153 - HC - Indian Laws

Situation arising out of lockdown ordered as a precaution for prevention of Coronavirus spread - extension of dates of courts to approach the courts of law - HELD THAT - Only with the view to ensure that citizens are not deprived of their right to approach the Courts of law, we propose to exercise our jurisdiction under Articles 226 and 227 of the Constitution of India by issuing certain directions. The directions are required to be issued to ensure that litigants should not suffer on account of their inability to approach the Courts of law. All interim orders passed by the High Court of Judicature at Allahabad as well as at Lucknow, all the District Courts, Civil Courts, Family Courts, Labour Courts, Industrial Tribunals and all other Tribunals in the State over which this Court has power of superintendence, which have been expired subsequent to 19 th March, 2020 or are due to expire within a period of one month from today, will continue to operate upto 26th April, 2020 - Considering the fact that it will be practically impossible for the citizens to approach the Courts for redressal of their grievances for a period of twenty-one days specified in the order of the Ministry of Home Affairs dated 24th March 2020, we sincerely hope that the State Government, Municipal Authorities and the agencies and instrumentalities of the State Government will be slow in taking action of demolition and eviction of persons.

Issues:
1. Extension of holidays in High Court due to COVID-19 outbreak
2. Ensuring access to justice during lockdown
3. Extension of validity of interim orders
4. Extension of bail orders by Criminal Courts
5. Suspension of eviction, dispossession, or demolition orders

Extension of holidays in High Court due to COVID-19 outbreak:
The judgment discusses the extension of holidays in the High Court due to the COVID-19 outbreak. Initially, holidays were declared from 18th March, 2020 to 25th March, 2020, which were further extended to 28th March, 2020. The decision was influenced by the address to the nation by the Prime Minister declaring a nationwide lockdown for 21 days. Consequently, the Court operated from the Chief Justice's Home Office to ensure continuity during the crisis.

Ensuring access to justice during lockdown:
In light of the lockdown and restrictions imposed due to the COVID-19 pandemic, the Court aimed to ensure that citizens are not deprived of their right to approach the Courts of law. To address this, the Court decided to exercise its jurisdiction under Articles 226 and 227 of the Constitution of India by issuing specific directions. These directions were intended to prevent litigants from suffering due to their inability to physically access the Courts during the lockdown period.

Extension of validity of interim orders:
The judgment directed that all interim orders passed by various Courts in the State, including High Court, District Courts, Civil Courts, Family Courts, Labour Courts, and Tribunals, which were set to expire within a month from the specified date, would continue to operate until 26th April, 2020. However, it was clarified that orders not of limited duration and meant to operate until further notice would remain unaffected by this extension.

Extension of bail orders by Criminal Courts:
Regarding bail orders or anticipatory bail granted by Criminal Courts for a limited period, which were set to expire within a month from the specified date, the judgment decreed that such orders would stand extended for an additional month from the specified date. This extension aimed to prevent any lapse in the protection granted to individuals due to the lockdown situation.

Suspension of eviction, dispossession, or demolition orders:
The judgment further provided that any orders of eviction, dispossession, or demolition passed by various Courts would remain in abeyance for a month from the specified date. This decision was made considering the impracticality for citizens to approach the Courts for grievance redressal during the lockdown period. The hope was expressed that State Government and related authorities would refrain from taking drastic actions like demolition and eviction during this challenging time.

In conclusion, the judgment focused on ensuring access to justice, extending the validity of interim orders and bail orders, and suspending eviction-related orders to mitigate the impact of the COVID-19 lockdown on the legal rights of citizens.

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