COVID Surge: Punjab & Haryana High Court Extends Interim Orders Passed By It & Courts Subordinate To It Till February 28

Restoring a suo moto case registered in the year 2021, the Punjab and Haryana High Court on Thursday extended the life of all interim orders passed by the High Court and courts subordinate to it, including the Tribunals till February 28, 2022.

This has been done as the court has noted that owing to a sudden and alarming surge in the number of people, who have been tested Covid positive, the situation has again turned grim and extremely unsafe.

"Several Judges of this Court and a huge number of High Court staff and a large number of Advocates have also been infected with the virus. Thus, in view of the prevalent situation, the representatives of the High Court Bar Association stressed upon the need to restore the directions issued by this Court on previous occasions," the order of the High Court issued in the suo moto case reads.

The following directions have been issued with immediate effect and shall be operative till 28.02.2022:- 

• That all the interim orders/directions issued or protection granted including any order requiring any compliance by the parties to such proceedings, passed by this Court or any other Court subordinate to it or any Family Court or Labour Court or any Tribunal or any other Judicial or Quasi-Judicial forum, over which this Court has power of superintendence, which are subsisting today shall stand extended till 28.02.2022; provided that the Court concern shall not automatically continue the interim directions and would be free to continue, modify or recall, as the case may be, the interim orders in case it is of the opinion that the direction contained above is being misused or abused and for that purpose may take up the matter on the date fixed. In all other cases, the interim direction, as contained above, shall continue to be extended uptill 28.02.2022.
• That it is further directed that the interim orders or directions of this Court or any Court subordinate to this Court, which are not of a limited duration and are meant to operate till further orders, shall continue to remain in force until modified/altered/vacated by specific order of the Court concerned in a particular case;
• That the time for filing of written-statement or return in any Suit or proceeding pending before any Civil Court or any other forum, unless specifically directed, shall stand extended till 28.02.2022. It is however clarified that this will not preclude the parties from filing such written-statement or return before 28.02.2022;
• That it is further directed that the orders of eviction, dispossession, demolition, etc. passed by this Court or any Court subordinate to it or any Tribunal or Judicial or Quasi Judicial forum, which have so far remained unexecuted, shall remain in abeyance till 28.02.2022;
• That interim protection given in the anticipatory bail applications by the High Court or Court of Sessions for a limited period, which is likely to expire from now up to 28.02.2022, shall stand extended till 28.02.2022. However, any party aggrieved by the conduct of the accused on such interim protection, may move the Court seisin over the matter for discontinuation of such interim protection, if any prejudice is caused to him/her, in which event, the Court concerned shall be entitled to take independent view of the matter;
• That all the interim bails granted under Section 439, Cr.P.C. by the High Court or Courts of Sessions, limited by time-frame specifying an expiry date from now up to 28.02.2022, shall stand extended till 28.02.2022, subject to the accused not abusing such liberty or else it may be cancelled at the instance of the State or the complainant, on application with adequate proof of the abuse of the liberty so granted by the Court concerned;
• That the State Governments, Union Territory, Chandigarh, or any of its Departments or any Municipal Corporation / Council / Board or any Gram Panchayat or any other local body or any other agency and instrumentality of the State shall not take any action for eviction and demolition in respect of any property, over which any citizen or person or party or any Body Corporate, has physical or symbolic possession as on today till 28.02.2022;
• That it is further directed that any Bank or Financial Institution shall not take action for auction in respect of any property of any citizen or person or party or any Body corporate till 28.02.2022; subject to the clarification issued by the Court
• That if the Government of Punjab, Haryana, Union Territory, Chandigarh, and/or any of its Departments and/or functionaries, Central Government and/or its departments or functionaries or any Public Sector Undertakings or any Public or Private Companies or any Firm or any individual or person is/are, by the order of this Court or any Court subordinate to it or the Tribunals, required to do a particular thing or carry out certain direction in a particular manner, in a time frame, which is going to expire at any time from now up to 28.02.2022, the time for compliance of such order shall stand extended up to 28.02.2022, unless specifically directed otherwise by the Court concerned; subject to the fact that the aforesaid prohibition shall not apply to the orders/directions, which were required to be complied with and are meant for the benefit of the litigant or public at large.
• That in order to dispel any ambiguity, it has been clarified that:-

(a) Those interim orders / directions, which are not for a limited duration and are to operate until further orders, shall by this order remain unaffected;

(b) That, in case extension of interim order(s) as per the present order passed by this Court, causes any undue hardship and prejudice of any extreme nature, to any of the parties to such proceeding(s), such parties would be at liberty to seek appropriate relief by moving appropriate application(s) before the Competent Court(s), Tribunal, Judicial or Quasi-Judicial Forum, and these directions shall not be taken as a bar for such Courts/Forums to consider such application(s) filed by the aggrieved party, on its own merit, after due notice and providing an opportunity of hearing to the other side;

(c) That the directions enumerated above shall not preclude the States or Union Territory, Chandigarh or Central Government from moving appropriate application for vacation/modification of such order in any particular case for the reason of overriding public interest;

(d) That all Courts, Tribunals, Judicial and Quasi-judicial authorities are directed to abide by these directions, and the parties seeking relief(s) covered by these directions can file hard copy or soft copy of this order before the competent court/forum, which shall be given due weightage.

The matter has been posted for further hearing on February 24, 2022.

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