Kerala High Court Closes Suo Motu Extension Of Interim Orders, Lifts Stay On Recovery/Dispossession

A Full Bench of the High Court comprising Chief Justice S. Manikumar, Justice C.T. Ravikumar and Justice Shaji P. Chaly decided to close the proceedings observing that lockdown relaxations had been relaxed and normalcy almost achieved.

Accordingly, Chief Justice Manikumar speaking for the Bench records in the Judgment,

"we deem it fit that there is no need to retain this suo motu proceedings and to continue the interim orders passed from time to time."

In its first order in the suo motu proceedings, the Court had extended the subsistence of all the interim orders passed by it and the courts subordinate to it till April 14.

With subsequent orders, the Court had extended the operation of interim orders.

Significantly, the Court during this period had issued a series of directives throughout the year allowing benefits to prisoners on-parole, undertrial, and prescribed certain considerations when deciding bail applications.

In September, certain banks had approached the Court seeking the vacation of its order so as to allow the institution of recovery proceedings against accounts that had been declared Non-Performing Assets (NPAs) prior to the declaration of the nationwide lockdown.

Since this was while the Reserve Bank of India's moratorium the Court had directed the Union Government to advise it on how best to proceed.

Last week, counsel for the banks Advocate Jawahar Jose pointed out that other courts in the country had vacated their Covid-19 suo motu proceedings.

He cited the extension of orders by the Madras, Bombay, and Gujarat High Courts.

In this light, he prayed that the periodical extension of interim orders by the court be discontinued in Kerala as well.

After noting that the Counsel for the Kerala High Court Advocate Association Advocate Thomas Abraham, and the Additional Advocate General Ranjith Thampan did not raise objections, the Court proceeded to declare the vacation of its pandemic orders.

As regards the effect of the vacation of this order vis-à-vis prisoners on parole, the Court directed that reasonable time be given to report back to appropriate prisons.

In respect of recovery proceedings, the Court made clear that recovery proceedings could be continued/instituted, but in accordance with statutes and the Supreme Court's orders pertaining to recoveries.

On these terms, the proceedings were closed.