The Madhya Pradesh High Court on Friday suo motu extended the interim orders passed by it and the courts subordinate to it till June 15 in view of the extraordinary situation on account of the surge in coronavirus cases in the state.
A large number of coronavirus positive cases are being reported from cities like Bhopal, Indore, Jabalpur, Gwalior, and Ujjain. In fact, the disease has engulfed a substantial part of the state and has made inroads even into rural areas, said the bench of Chief Justice Mohammad Rafiq and Justice Sanjay Dwivedi.
The Court highlighted that it may take some more time for the High Court as well as District and Sub-ordinate Courts, Labour Courts and Family Courts in the state to resume normal functioning due to the ongoing unprecedented crisis. This has given rise to a situation where most of the litigants are not in a position to approach the courts. Though some of them may stay in touch with their advocates by telephone but a majority of them may not be in a position to contact their advocates.
Many of the matters which otherwise would have been listed for
passing appropriate orders, owing to the aforementioned reasons, are not being taken up by different courts.
Therefore, with a view to ensuring that the citizens of the State in general and the litigants before the courts in particular, do not suffer on account of their inability to approach the courts of law. The court proposes to invoke its extraordinary power under Article 226 and its power of superintendence under Article 227 of the Constitution of India and also inherent power over the criminal
matters under Section 482 of the Code of Criminal Procedure, power of superintendence over Criminal Courts under Section 483 of the Code of Criminal Procedure and inherent power over the civil matters under Section 151 of the Code of Civil Procedure and issue the following directions to remain operative in the first phase till June 15, 2021:-
(i) 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 sub-ordinate to it or any Family Court or Labour Court or
any Tribunal or any other Judicial or Quasi-Judicial forum in
the State of Madhya Pradesh, over which this Court has power
of superintendence, which was subsisting as on 10th March,
2021, shall stand extended till 15th June 2021;
(ii) It is further directed that the interim orders or directions of
this Court or any Court subordinate to this Court in the State,
which are not of 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;
(iii) 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
15th of June, 2021. It is however clarified that this will not
preclude the parties from filing such written-statement or return
before 15th June, 2021;
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(iv) 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 15th of June 2021;
(v) Interim protection given in the anticipatory bail
applications by the High Court or Court of Sessions for a
limited period, which has expired or is likely to expire on any
date after 10th March, 2021, shall stand extended till 15th of
June, 2021. However, any party aggrieved by the conduct of the
accused on such interim protection, may move the Court in
seisin over the matter for discontinuation of such interim
protection, if any prejudice is caused to him/her, in which event,
the Court concerned shall be entitled to take independent view
of the matter;
(vi) All the interim bail granted under Section 439, Cr.P.C. by
the High Court or Courts of Sessions, limited by time-frame
specifying an expiry on any date after 10th March 2021, shall
stand extended till 15th June, 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;
(vii) Parole granted to a person anytime after 9th March, 2021 by
order passed by a Court exercising the criminal jurisdiction and
limited by time-frame specifying an expiry date, shall stand
extended till 15th of June, 2021.
(viii) Unless there is necessity of arrest for maintenance of law
and order situation, in a cognizable offence prescribing
sentence up to seven years imprisonment, the police shall desist
from arresting the accused up to 15th of June, 2021, without
complying with the provision of Section 41A, 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 mere
advisory in the face of the ongoing crisis following second
wave of Coronavirus;
(ix) The State Government or any of its Department 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 15th June, 2021;
(x) 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 15th
June, 2021;
(xi) If the Government of Madhya Pradesh and/or any of its
Department 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 has expired after 10th March.
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The Court also issued notice of those proceedings to the State of
Madhya Pradesh through the Chief Secretary, Bhopal, through
Advocate General and Union of India through the Secretary, Ministry of Home Affairs, New Delhi and the Secretary, Ministry of Health and Family Welfare, Government of India, New Delhi, through the Assistant Solicitor General.