Covid-19 Outbreak: Bombay, Kerala High Courts Extend All Interim Orders In Civil Disputes By A Month
The high courts extended all interim orders in civil disputes passed by courts and tribunals in these two states.
The Kerala and Bombay High Courts have exercised their extraordinary powers and extended all the interim orders in civil disputes passed by courts and tribunals in these two states during the 21-day lockdown announced by Prime Minister Modi on March 24.
The Kerala High Court has also asked state authorities to make arrests only when they’re inevitable and has extended all anticipatory bails that would have expired during the lockdown period.
A bench headed by the Chief Justice of the court passed these orders in a suo motu petition keeping in mind the fact that “the litigants and their respective counsel will not be in a position to approach the Courts/Tribunals for filing an application for extension”.
The court noted that the state government has already assured that no recovery proceedings will be initiated under the state laws until April 30.
Even in criminal matters, the high court has extended all anticipatory bails for a month which were due to expire during the lockdown. “We’re of the firm view that right of personal liberty guaranteed under Article21 of the Constitution of India should not, at any rate, be infringed by arresting an accused, except in matters where arrest is inevitable,” the order said.
It, however, clarified that the state is free to take a decision when it comes to cases where a heinous offence is alleged to have been committed. “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.”
The Bombay High Court, too, has extended all interim orders of courts and tribunals falling under its jurisdiction in Maharashtra till April 30.
It has put in abeyance all orders of demolition, dispossession or eviction passed by the courts in the state. “Considering the prevalent lockdown and other issues, we hope that the Government as also municipal authorities and other agencies or instrumentalities shall also be slow in taking any coercive steps so as to drive the citizen to court of law in the meantime,” the court said in its order.