"Positivity Rate Is Extremely High": Gauhati HC Takes Suo Moto Cognizance Of Second Covid Wave In States Of Nagaland, Mizoram, Arunachal Pradesh

The Gauhati High Court has taken suo moto cognizance of the 'alarming situation' of the second covid wave prevalent in the States of Nagaland, Mizoram, Arunachal Pradesh after observing that the positivity rate was extremely high in those places.

A full judge bench comprising of Chief Justice Sudhanshu Dhulia, Justices N. Kotiswar Singh and Manash Ranjan Pathak took the suo moto cognizance while dealing with the suo moto PIL instituted by the Court owing to the daily surge of cases during the COVID-19 pandemic.

"We take suo motu notice of the alarming situation of COVID-19 pandemic, which is in its second wave, in the States of Nagaland, Mizoram and Arunachal Pradesh, where the positivity rate is extremely high." The Court said.

While the Full Bench further extended all interim orders passed by the High Court and all other subordinate Courts and Tribunals till July 23, the Court directed the Advocate Generals of the three States to be present before the Court on the next date of hearing.

"The Court will require their assistance in getting the true picture in their respective States in the present COvid-19 pandemic and the measures being taken by the respective State Governments to handle the crisis." The Court observed.

While posting the matter for further consideration of July 23, the Court ordered thus:

"Meanwhile, our initial order dated 10.05.2021 shall continue till the next date of listing."

Earlier, the Court on July 15 extended all interim orders passed by the High Court and all other subordinate Courts and Tribunals till July 19after the matter was adjourned till July 19 on the submission made by the Advocate General regarding the covid 19 situation in all districts in the State of Assam..

The Court had earlier further extended its previous orders dated  May 10, May 31, June 14 and June 25 wherein it had extended the interim orders passed by it, its outlying Benches and other subordinate Courts and Tribunals.

The Court had directed that 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. The bench had also clarified 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.

"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." the Court had directed earlier.

The Court will now hear the matter on July 19.

Title: PIL(Suo Moto)/3/2021

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