The Kerala High Court has held in a Suo Moto reference that all the interim orders passed by Courts / tribunals are extended for a period of one month. In wake of the outbreak of the pandemic in the country and the consequent lock down notification issued by the Government of India, the High Court extended the period of all interim orders by one month.
The bench of Chief Justice S. Manikumar, Justice C.K. Abdul Rehim, Justice C.T. Ravikumar observed that the public announcement of imposing a total lock down due to outbreak of COVID-19 resulting in immobilisation of public at large, and a total stoppage of public transport, litigants would find it difficult to approach the courts to vindicate their grievances. The High Court issued various directions which includes a stay on recovery proceedings by the Public Sector Undertaking for a month and also extending the anticipatory bail which may expire during the period of lock down for a month in exercise of powers under Article 226 & 227 along with Section 482 of CrPC.
In addition to the aforesaid directions the bench also observed that 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. The bench made it clear that in event of arrest the constitutional obligations under Article 20(2) shall be followed in letter and spirit and Magistrates shall consider whether police/judicial custody of accused is required or not in order to avoid the problem of overcrowding in jails.
The High Court while disposing the reference directed the order to be communicated to public at large, District Courts and Tribunals via email and in print and visual media for information.
–Vedant