All interim orders of courts to be operative till April 26: Allahabad HC

The Allahabad high court on Thursday directed that all interim orders passed by it, other courts and tribunals will continue to be operative till April 26 to ensure

The Allahabad high court on Thursday directed that all interim orders passed by it, other courts and tribunals will continue to be operative till April 26 to ensure that litigants do not suffer due to their inability to approach the courts during the nationwide Covid-19 lockdown.

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This directive is applicable on all interim orders passed by the high court at Allahabad, as well as Lucknow, all the district courts, civil courts, family courts, labour courts, industrial tribunals and all other tribunals.

The high court directive will apply to those interim orders which have expired subsequent to March 19 or are due to expire within a period of one month from March 26, 2020, the court clarified.

In a sitting at the home office of the chief justice on Thursday, a division bench comprising chief justice Govind Mathur and justice Samit Gopal, however, made it clear that those interim orders, which are not of a limited duration, will continue to operate till further orders.

The high court observed, “…Only with a view to ensure that citizens are not deprived of their right to approach the courts of law, we propose to exercise our jurisdiction under Article 226 (power to issue certain writs) and 227 (power of superintendence over all courts by the high court) of the Constitution of India by issuing certain directions. The directions are required to be issued to ensure that litigants should not suffer on account of their inability to approach the courts of law.”

In the same order, the court further directed that if the criminal courts in the state have granted bail orders or anticipatory bail for a limited period, which are likely to expire in one month from today (March 26), the said orders will stand extended for a period of one month.

“If any orders of eviction, dispossession or demolition are already passed by the high court, district or civil courts, the same shall remain in abeyance for a period of one month from today (March 26, 2020),” the court added.

Lastly, the court observed, “Considering the fact that it will be practically impossible for the citizens to approach the courts for redress of their grievances for a period of twenty-one days specified in the order of the Union Ministry of Home Affairs dated March 24, 2020, we sincerely hope that the state government, municipal authorities and the agencies and instrumentalities of the state government will be slow in taking action of demolition and eviction of persons.”