Amid COVID scare Gauhati High Court extends all interim orders in 4 Northeast States till June 1

STAFF REPORTER

GUWAHATI: In the view of the rapid rise in the COVID-19 cases in all over the northeastern region, the Gauhati High Court decided to extend all interim orders by various courts of Assam, Nagaland, Mizoram and Arunachal Pradesh till June 1.

According to an order, a full bench of Gauhati High Court, comprising Chief Justice Sudhanshu Dhulia and Justices N Kotiswar Singh and Manash Ranjan Pathak, filed a suo motu PIL on Sunday and issued the orders on Monday.

"Considering that there is a daily surge of COVID-19 cases in the State of Assam as well as in Nagaland, Mizoram and Arunachal Pradesh, the Chief Justice has constituted this Full Bench suo motu to tackle the plight of litigants caught in this extraordinary situation," the order said.

Further the release stated that, "Having considered the difficulties faced by the litigants and lawyers in approaching the Courts in these difficult times, and particularly due to the restrictions imposed in the working of the Courts by the order of the High Court on its administrative side, we are now of the considered view that the following order needs to be passed in the interest of justice, and we this in exercise of our powers under Article 226 read with Article 227 of the Constitution of India:

In all matters where interim orders of this Court and of the Courts and Tribunals subordinate to it were in force till April 19, 2021, but have expired since then or are likely to expire by June 0l, 202L, such orders shall unconditionally stand extended, and/or deemed to have been extended till June 01, 2021. This shall include all such orders of the Outlying Benches and the Courts and Tribunals subordinate therein.

We make it clear that this shall be subject to any order on vacation of stay which may be passed in an individual case in an extremely exceptional situation for which the litigants and parties may approach the concerned Court.

It is also made clear that any decree for eviction/ dispossession or demolition which was passed by any Court, Tribunal or authority during this period, shall remain in abeyance subject to any specific orders which may be passed in a given case.

We also direct that in all cases where the accused/ convict is on an interim bail, short term bail, or anticipatory bail which expires meanwhile (i.e. before April 19; 202L to June, 01, 2021), he/she may not surrender and his/her bail orders shall be effective till May 31; 2021, with all the other conditions stipulated in the order, " stated the court order.

The Bench also added that the entire world is facing the worst pandemic in its living memory and the second wave of COVID-19 has been many times more severe and devastating than the first.

"It has crippled our daily life. Like many other institutions, the judiciary is also battling with this crisis and trying new means and methods to keep the courts functional under these strange and difficult times," it added.

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