COVID-19: Allahabad High Court Extends All Interim Orders Passed By It & Courts Subordinate To It Till Feb 28

Restoring a suo moto case registered in the year 2020, the Allahabad High Court last week extended the life of all interim orders passed by the High Court and courts subordinate to it, including the Tribunals till February 28, 2022, in light of the Covid-19 situation in the State of Uttar Pradesh.

"Recently, a new variant of COVID – 19 virus has drastically increased in the number of COVID-19 cases, not only across the State of Uttar Pradesh but also all over the country and the situation is deteriorating day-by-day," the order issued by the bench of Chief Justice Rajesh Bindal and Justice Piyush Agrawal said.

Further, looking into the fact that the number of cases of pandemic COVID – 19 is increasing day-by-day due to the surge of a new variant, the Court deemed it appropriate to issue the following directions for larger public interest:-

I) All interim orders passed by the High Court of Judicature at Allahabad as well as at Lucknow Bench, all the District Courts, Civil Courts,Family Courts, Labour Courts, Industrial Tribunals and all other Tribunals or Quasi-Judicial forums in the State of Uttar Pradesh, over which this Court has power of superintendence, which were subsisting on 31.12.2021, shall stand extended till 28.02.2022, provided where the interim order was upto the specific date and which could not be listed or taken up;

II) The interim orders or directions of this Court or any court subordinate to this Court in the State of Uttar Pradesh, which are meant to operate till further orders, shall continue to remain in force, subject to any specific order passed in the case listed before the Court concerned;

III) It is further directed that the criminal courts in the State of Uttar Pradesh, which granted bail orders or anticipatory bail for a limited period which are likely to expire on or before 28.02.2022, shall stand extended for a period till that date, i.e., 28.02.2022;

IV) Any orders of eviction, dispossession or demolition, already passed by the High Court, District Court or Civil Court, if not executed till the date of passing of this order, shall remain in abeyance for the period till 28.02.2022;

V) The State Government, Municipal Authorities, other Local Bodies and agencies and instrumentalities of the State Government shall be slow in taking action of demolition and eviction of persons till 28.02.2022; and

VI) It is further directed that any Bank or Financial Institution 4 Public Interest Litigation No. 564 of 2020 shall not take any action for auction in respect of any property or an institute or person or party or any body corporate till 28.02.2022.

However, the Court has made it clear that in case of extension of interim orders as per the present order, any undue hardship and prejudice of any extreme nature is caused to any of the party to such proceedings, the said party/parties would be at liberty to seek appropriate relief by moving an appropriate application before the competent court, tribunal, judicial or quasi-judicial forum.

"...the general direction issued by this order shall not be an embargo in considering such application and deciding the same after affording an opportunity of hearing to all the parties to said lis. Needless to say, the State and its functionaries will also be at liberty to file an appropriate application in respect of particular case for necessary directions," the Court added as it posted the matter for further hearing on Feb 24, 2022.

Case Title: In Re Suo Moto v. State of UP

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