COVID Surge: Punjab & Haryana High Court Extends The Life Of Interim Orders, Directions Till June 30

The order has been passed by the Bench of Chief Justice Ravi Shanker Jha and Justice Suvir Sehgal in suo moto proceedings initiated in view of the alarming increase in the COVID-19 pandemic and the grave situation that has arisen as a result thereof

"It is observed that the litigants are not able to get in touch with counsels who in turn are finding it difficult to prepare files and get the matters listed at an early date," the Court noted in its order.

The Additional Solicitor General of India, Advocate General, Punjab, Advocate General, Haryana, as well as Senior Standing counsel for the Union Territory, Chandigarh submitted before the Court that the directions issued by the Madhya Pradesh High Court in this regard may be reiterated by this Court with a modification that interim arrangements would extend up to 30.06.2021.

Therefore, the Court issued the following directions: -

• 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 the power of superintendence, which are subsisting today shall stand extended till 30th June, 2021;
• All the interim bails granted under Section 439, Cr.P.C. by the High Court or Courts of Sessions, limited by timeframe specifying an expiry date from now up to 30th June, 2021, shall stand extended till 30th June, 2021;
• Parole granted to a person by order passed by a Court exercising the criminal jurisdiction and limited by time-frame specifying an expiry date from now up to 30th June, 2021, shall stand extended till 30th of June, 2021,
• Unless there is a necessity of arrest for maintenance of law and order or any other emergent case, in a cognizable offence prescribing sentence up to seven years imprisonment, the police shall desist from arresting the accused up to 30th of June, 2021, without complying with the provision of Section 41A, Cr.P.C.

This however may not be understood as an interdict on the power of the police to arrest, but should only be considered a mere advisory in the face of the ongoing crisis following the second wave of Coronavirus;

• 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 30th of June, 2021.
• 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 30th of June 2021;
• 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 30th June, 2021, shall stand extended till 30th of June, 2021;
• Governments of States and Union Territories, Municipal Corporation, Gram Panchayats or other local bodies were directed to not take any action towards eviction or demolition of property over which any citizen or body corporate has physical or symbolic possessions on today till June 30, 2021.

They should not insist upon requiring execution of a particular direction in a particular manner in a time frame as such compliance was extended till June 30, 2021.

• Any Bank or Financial institution shall not take action for auction in respect of any property of any citizen or body corporate till June 30, 2021.

The Court also appointed Anupam Gupta, Senior Advocate, as Amicus Curiae to assist the Court in the matter.

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