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TMI Blog2020 (3) TMI 1305X X X X Extracts X X X X X X X X Extracts X X X X ..... ocate 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. - W.P. (C) No. 9400 of 2020 (Suo Motu) - - - Dated:- 25-3-2020 - S. Manikumar, C.K. Abdul Rehim, C.T. Ravikumar JJ. JUDGMENT S. Manikumar, On 24th March, 2020, the Hon'ble Prime Minister of India announced a complete lock down throughout the Countr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned, Shri Ranjith Thampan, learned Additional Advocate General submitted that, in all recovery matters, such as electricity, water, Abkari and other matters, Council of Ministers, Government of Kerala has already taken a decision that payment will be deferred upto 30.04.2020, and therefore, no recovery proceedings would be initiated or recovery proceedings already initiated, would not be proceeded further until 30.04.2020. The submission of the learned Additional Advocate General is placed on record. 7. Shri V. Manu, learned Senior Government Pleader expressed the view of the Bar Council of Kerala and the Bar Council of India that, in the wake of the outbreak of the pandemic in the country and the consequent lock down notification issued by the Government of India, there should be a total shut down of Courts during this lock down period. The submission is placed on record. 8. In so far as recovery proceedings by the Government of India and Public Sector Undertakings owned or controlled by the Government of India, attention was invited to an order of this Court passed in W.P.(C) No.8231 of 2020 dated 19.03.2020, which was taken on appeal by the Union of India in Special Leave ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... will stand extended for one month from today. 13. Attention of this Court was also invited to the order of the Hon'ble Supreme Court in Suo Motu Writ Petition (C) No.1/2020 In Re: Contagion of COVID 19 Virus in Prisons dated 23.03.2020, wherein, after considering the outbreak of COVID-19, hardships faced by the litigants/lawyers, staff in the Courts, convict prisoners, as well as under-trials, the Hon'ble Supreme Court, taking note of Article 21 of the Constitution of India, has issued the following directions: We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal Services committee, (ii) the principal Secretary (Home/Prison) by whatever designation is known as, (ii) Director General of Prison(s), to determine which class of prisoners can be released on parole or an interim bail for such period as may be thought appropriate. For instance, the State/Union Territory could consider the release of prisoners who have been convicted or are undertrial for offences for which prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted for a lesser number of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n'ble Supreme Court - Implemented - Orders issued. Home (B) Department G.O.(Rt)No. 970/2020/HOME Dated, Thiruvananthapuram 25/03/2020 Read 1. Order of the Hon'ble Supreme Court Suo motu Writ Petition (C) No.1/2020 dtd 23/03/2020. 2. Letter No. WP2-7212/2020/Pr.HQ dtd. 23.03.2020 of the Director General of Prisons and Correctional Services. 18. As per the order read as 1st paper above the Hon'ble Supreme Court of India ordered all State Governments and UTs to take urgent measures to reduce overcrowding in Prisons across the Country to control the outbreak of pandemic Covid 19. The Director General of Prisons and Correctional Services also vide letter read as 2nd paper above requested Government to implement certain measures for reducing overcrowding in Prisons. 19. Government have examined the matter in detail and are pleased to order as follows. 1) A High Powered Committee comprising of (i) Chairman of the State Legal Services Committee, (ii) the Additional Chief Secretary (Home Vig) (iii) Director General of Prison(s), is hereby constituted, to determine which class of prisoners can be released on parole or on interim bail. a) The committee sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r General of Prisons and Correctional Services is empowered to grant Ordinary leave to eligible prisoners in a single spell of 60 days, subject to all other conditions of leaves, in relaxation to rule 397 (b) of Kerala Prisons and Correctional Services (Management) Rules 2014 to reduce the number of prisoners in prisons. 7) Due to the lack of public transport system as the prisoners cannot report back in prison after the expiry of their period of leave in time, such overstayal period upto April 15 shall be considered as bail (shall not be considered as sentence undergone), provided that such prisoners shall report to the police station nearby and the Station House Officer shall report the position to prison authorities concerned. The Director General of Prisons and Correctional Services shall implement item(6) of this order with immediate effect. (By order of the Governor) Dr. Vishwas Mehta Additional Chief Secretary 20. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ure of offence, shall consider as to whether judicial/police custody is required or not. Needless to state that, bail is the rule and jail is an exception. We make it clear that, the above said directions stand excluded to subjects relating public order/law and order and any action taken by the State Government to combat the outbreak of COVID-19 and actions taken thereof. 25. Shri Ranjith Thampan, learned Additional Advocate General also submitted that, in so far as Local Self Government Institutions are concerned, Government have issued instructions not to take any coercive action. It is sincerely expected that, due to the outbreak of COVID-19, State Government, LSG Institutions, Government of India, and Public Sector Undertakings owned and controlled by the State/Central Governments that no coercive action be taken since there is no opportunity to the persons to approach the Courts at present. 26. A copy of this order shall be published in the official website of the High Court of Kerala. Copy shall be sent to the District Courts and Tribunals, through e-mail. Copy of this order be sent to all concerned. The order be communicated to the media, both print and visual, for inf ..... X X X X Extracts X X X X X X X X Extracts X X X X
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