Covid-19 pandemic effect: Patna HC extends all interim orders till May 18

The courts in Bihar have taken up only urgent matters since March 16 and carried out judicial work with bare minimal staff to reduce the gathering of people in court in adherence to strict social distancing norms.

The Patna high court (HC) on Thursday passed an order that “all interim orders passed by any court/authority/tribunal in Bihar under the jurisdiction of the HC, be it of any nature, prior to March 16, shall stand automatically extended till May 18, unless there was any specific instruction from the Supreme Court (SC) in any case”, because of the coronavirus disease (Covid-19) outbreak and resultant curtailed functioning of the judiciary following the ongoing nationwide lockdown restrictions.

The listing of cases in the Patna High Court has dropped sharply because of the viral outbreak. (File photo)

The listing of cases in the HC has dropped sharply because of the viral outbreak. Around 6-7 cases are being listed for hearing daily via video-conferencing, as compared to up to 1,200 cases in normal circumstances.

Though the second phase of the ongoing nationwide lockdown restrictions, which were imposed from April 15 for a further 19 days to contain the spread of Covid-19 outbreak, will end on May 3, Bihar is likely to strictly comply with precautions for some more days after reporting a spike in the number of cases in the past week.

The three-member Patna HC bench, comprising Chief Justice Sanjay Karol and Justices Dinesh Kumar Singh and Hemant Kumar Srivastava, observed that the “hardship of an extreme nature, caused if any, to anyone of the parties would entitle them to seek a modification of continuance of such interim order(s) by moving an appropriate application in those proceedings before the appropriate authorities.”

However, the bench clarified that those interim orders, which are not of limited duration/are to operate till further orders, would not be governed by these directions.

The court said that all interims orders passed by the HC --- and all district, family and labour courts, industrial tribunal and other tribunals in the state under its jurisdiction --- that have expired after March 16, as the matter could not be taken up on account of the pandemic or are due to expire during the lockdown restrictions till May 3 shall be deemed extended up to May 18.

“All orders or decree for eviction, dispossession, and demolition passed by any court, tribunal or authority, save and except the SC, shall continue to remain in abeyance till May 18. Considering the prevalent attending circumstances, unless essentially required in the public interest, it is expected of the state not to precipitate any action till May 17 so as to compel the citizens to approach the court for redressal of their grievances,” the bench said.

The courts in Bihar have taken up only urgent matters since March 16 and carried out judicial work with bare minimal staff to reduce the gathering of people in court in adherence to strict social distancing norms.

“The fact that at present a part of Patna, along with other parts of Bihar, stands declared as Red and Orange Zones due to the pandemic, this court feels the urgency and need of issuing certain directions till normalcy is restored,” the HC said.

The court has also observed that the “convicts in custody, in criminal revisions/criminal appeals, desirous of not challenging the judgment of conviction but confining the challenge only to the sentence, can get their cases listed on an urgent basis by having their matters mentioned”.