The Patna High Court has extended all interim orders till May 18 in wake of the COVID-19 pandemic.
A bench of the Patna High Court comprising of Chief Justice Sanjay Karol, Justice Dinesh Kumar Singh and Justice Hemant Kumar Shrivastava having regard to the present situation where part of Patna City along with other parts of Bihar stand declared as Red /Orange Zones, has issued slew of directions with regard to interim protection in the nature of stay, bail, parole, which stood granted by the High Court or by the subordinate Courts or Tribunals or the State Government.
The directions issued by the Court are:
- Unless directed by the Hon’ble Supreme Court of India in any particular matter, all interim orders passed by any Court/Authority/Tribunal in Bihar under the power of superintendence of High Court of Judicature at Patna, be it of any nature, prior to 16th of March, 2020 shall stand automatically extended till 18th of May, 2020. In case of any caused, the parties would be entitled to seek modification of continuance of such interim order by moving an appropriate application and this order would not come in the way of consideration of such application on merits.
- All interims orders passed by the High Court of Judicature at Patna, all the District Courts, Family Courts, Labour Courts and Industrial Tribunal and all other Tribunals in the State under the powers of superintendence of the High Court of Judicature at Patna, which has expired subsequent to 16th of March, 2020 only for the reason that the matter could not be taken up on account of the Pandemic or are due to expire during the period of the lock down, i.e. upto 3rd May, 2020 shall be deemed to be in continuance till 18th of May, 2020.
- interim orders which are not of limited duration are to be operative till further orders
- The period for complying with any directions issued by this Court in any judicial proceedings or in any Civil Proceedings by the Courts/Authority/Tribunal under the powers of superintendence of the High Court of Judicature at Patna, including peremptory orders shall be deemed to have been extended up to 17th of May, 2020. No adverse order shall be passed or construed to have been passed for non-compliance of such directions directed to be complied with between the period 16th of March, 2020 upto 17th of May, 2020.
- All orders or decree for eviction, dispossession and demolition passed by any Court, Tribunal or authority, save and except Hon’ble the Supreme Court of India, shall continue to remain in abeyance, till 18th of May, 2020
- Considering the prevalent attending circumstances, unless essentially required in public interest, it is expected of the State not to precipitate any action till 17th of May, 2020 so as to compel the citizens to approach the Court for redressal of their grievances.
- The period from 16th of March, 2020 till 17th of May, 2020 shall be deemed to have been excluded for the purposes of computing limitation stipulated under the Statute or for complying with judicial orders passed by this Court or the Subordinate Courts.
The Court has listed the hearing for further orders on May 18.
-India Legal Bureau