हिंदी
Chandigarh, May 9 : The Punjab and Haryana High Court while taking suo motu cognisance in view of alarming increase in COVID-19 Pandemic and grave situation that has arisen as a result thereof that certain measures be taken up so as to ensure that during this crisis generation of litigation can be controlled for some time.
The High Court has issued these directions in regard to valuable suggestions that were called from the learned Additional Solicitor General of India; learned Advocate General, Punjab; learned Advocate General, Haryana; as well as learned Senior Standing counsel for the Union Territory, Chandigarh. This will not only reduce the workload of courts during the Pandemic but will also provide some relief to the people visiting court regarding various cases. These orders will be implemented in Haryana, Punjab and Chandigarh
The directions issued by the High Court on May 8, 2021, states that all the 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 other Court subordinate to it or any Family Court or Labour Court or any Tribunal or any other Judicial or Quasi-Judicial forum, over which this Court has power of superintendence, which are subsisting today shall stand extended till June 30, 2021.
It is further directed that the interim orders or directions of this Court or any Court subordinate to this Court, which are not of a limited duration and are 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. The orders further read that the time for filing of written statement or return in any Suit or proceeding pending before any Civil Court or any other forum, unless specifically directed, shall stand extended till June 30, 2021.
It is further directed that the orders of eviction, dispossession, demolition, etc. passed by this Court or any Court subordinate to it or any Tribunal or Judicial or Quasi-Judicial forum, which have so far remained unexecuted, shall remain in abeyance till June 30, 2021.
The orders further read that interim protection given in the anticipatory bail applications by the High Court or Court of Sessions for a limited period, which is likely to expire from now up to June 30, 2021, shall stand extended till June 30, 2021. However, any party aggrieved by the conduct of the accused on such interim protection, may move the Court seisin over the matter for discontinuation of such interim protection, the Court concerned shall be entitled to take an independent view of the matter.
Similarly, all the interim bails granted under Section 439, Cr.P.C. by the High Court or Courts of Sessions, limited by timeframe specifying an expiry date from now up to June 30, 2021, shall stand extended till June 30, 2021, subject to the accused not abusing such liberty or else it may be cancelled at the instance of the State or the complainant, on application with adequate proof of the abuse of the liberty so granted by the Court concerned.
The orders further read that parole granted to a person by order passed by a Court exercising the criminal jurisdiction and limited by time-frame specifying an expiry date from now up to June 30, 2021, shall stand extended till June 30, 2021.
The orders further read that unless there is necessity of arrest for maintenance of law and order or any other emergent case, in a cognizable offence prescribing sentence up to seven years imprisonment, the police shall desist from arresting the accused up to June 30, 2021, without complying with the provision of Section 41 A, Cr.P.C. This however may not be understood as an interdict on the power of the police to arrest, but should only be considered a mere advisory in the face of the ongoing crisis following the second wave of Corona virus.
The orders further read that the State Governments, Union Territory, Chandigarh, or any of its Departments or any Municipal Corporation/ Council/ Board or any Gram Panchayat or any other local body or any other agency and instrumentality of the State shall not take any action for eviction and demolition in respect of any property, over which any citizen or person or party or any Body Corporate, has physical or symbolic possession as on today till June 30, 2021.
Likewise that it is further directed that any Bank or Financial Institution shall not take action for auction in respect of any property of any citizen or person or party or any Body corporate till June 30, 2021.
The order further reads that if the Government of Punjab, Haryana, Union Territory, Chandigarh, and/or any of its Departments and/or functionaries, Central Government and/or its departments or functionaries or any Public Sector Undertakings or any Public or Private Companies or any Firm or any individual or person is/are, by the order of this Court or any Court subordinate to it or the Tribunals, required to do a particular thing or carry out certain direction in a particular manner, in a time frame, which is going to expire at any time from now up to June 30, 2021, the time for compliance of such order shall stand extended up to June 30, 2021, unless specifically directed otherwise by the Court concerned.
The orders further read that in order to dispel any ambiguity, it is clarified that those interim orders / directions, which are not for a limited duration and are to operate until further orders, shall by this order remain unaffected.
The orders further read that in case extension of interim order(s) as per the present order passed by this Court, causes any undue hardship and prejudice of any extreme nature, to any of the parties to such proceeding(s), such parties would be at liberty to seek appropriate relief by moving appropriate application(s) before the Competent Court(s), Tribunal, Judicial or Quasi-Judicial Forum, and these directions shall not be taken as a bar for such Courts/Forums to consider such application(s) filed by the aggrieved party, on its own merit, after due notice and providing opportunity of hearing to the other side.
The orders further read that the directions enumerated above shall not preclude the States or Union Territory, Chandigarh or Central Government from moving appropriate application for vacation/modification of such order in any particular case for reason of overriding public interest.
The orders further read that all Courts, Tribunals, Judicial and quasi-judicial authorities are directed to abide by these directions, and the parties seeking relief(s) covered by these directions can file hard copy or soft copy of this order before the competent court/forum, which shall be given due weightage.
The Court has directed to prominently publish this order in the official website of the Court and circulate the same to all the Courts, Tribunals, judicial and quasi-judicial authorities of the States of Punjab, Haryana and Union Territory, Chandigarh. Further, the order may also be sent to the Chief Secretaries of the States of Punjab and Haryana and the Advisor to the Administrator, Union Territory, Chandigarh, with a direction to issue the necessary communications to all Administrative Officers and Police Officers in all the districts of the States of Punjab and Haryana as well as Union Territory, Chandigarh.
