Covid 19: Gauhati High Court Further Extends Interim Orders Till June 15

In view of the covid 19 situation and also in the interest of justice, Full Bench of the Gauhati High Court on Monday further extended by two weeks all interim orders passed by the High Court and all other subordinate Courts and Tribunals till June 15.

Full Bench comprising of Chief Justice Sudhanshu Dhulia, Justices N. Kotiswar Singh and Manash Ranjan Pathak was dealing with the suo moto PIL instituted by the Court owing to the daily surge of cases during the COVID-19 pandemic.

"...In the interest of justice, the order dated 10.05.2021 may be extended for a further period of at least two weeks. We are also of the considered view that under the present circumstances, the order should be extended. Accordingly, the order dated 10.05.2021 is hereby extended for a further period of two weeks i.e. till 15.06.2021." The Court ordered.

The Court had further extended its previous order dated May 10 wherein it had extended the interim orders passed by it, its outlying Benches and other subordinate Courts and Tribunals till June 1, 2021. The Court had further said that interim bails, anticipatory bail expiring in this period shall stand extended till May 31.

During the course of hearing on Monday, the Court also went ahead to extend the duration of sureties given for interim bails.

In view of this, the Court ordered thus:

"We are conscious of the fact that many of the sureties which have been given for the interim bails, in different cases in the State, would technically be for a limited period only. However, since we have already extended the bail orders initially till 01.06.2021 and now till 15.06.2021, automatically these sureties will also stand extended. All the same, the implication of such an extension and other aspects related to it will be examined by this Court on the next date of listing i.e. 14.06.2021."

Directions of the Court Vide Order Dated 10 May

- 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 01; 2021, 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; 2021 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.

Click Here To Read Order