COVID Surge: Madhya Pradesh High Court Extends Interim Orders Till June 15

The Bench of Chief Justice Mohammad Rafiq and Justice Sanjay Dwivedi issued the order taking into account the large number of Coronavirus positive cases are being reported from different parts of the State and noting that the Courts throughout the State are not able to function effectively in a regular manner.

The Court also stressed that it would take some more time for the High Court as well as District and Sub-ordinate Courts, Labour Courts and Family Courts in the State to resume normal functioning due to the ongoing unprecedented crisis.

Importantly, the Court also stated,

"Although we do not want to disclose the exact numbers collated by the Registry of this Court but suffice it to say that a large number of stakeholders including the Judicial Officers, employees of the Courts and the Advocates have been found positive for Coronavirus in almost all the districts of the State and unfortunately, some of them have even succumbed to this deadly disease."

Therefore, with a view to ensuring that the citizens of the State in general and the litigants before the Courts in particular, the Court issued the following directions to remain operative in the first phase till 15th June, 2021 (list not exhaustive, please refer to the order attached): -

• 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 sub-ordinate to it or any Family Court or Labour Court or any Tribunal or any other Judicial or Quasi-Judicial forum in the State of Madhya Pradesh, over which this Court has the power of superintendence, which were subsisting as on 10th March, 2021, shall stand extended till 15th June, 2021;
• The interim orders or directions of this Court or any Court subordinate to this Court in the State, which are not of a limited duration and were meant to operate till further orders, shall continue to remain in force until modified/altered/vacated by specific order of the Court concerned in a particular case;
• 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 15th 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 15th of June 2021;
• Interim protection is given in the anticipatory bail applications by the High Court or Court of Sessions for a limited period, which has expired or is likely to expire on any date after 10th March, 2021, shall stand extended till 15th of June, 2021;
• All the interim bail granted under Section 439, Cr.P.C. by the High Court or Courts of Sessions, limited by time-frame specifying an expiry on any date after 10th March 2021, shall stand extended till 15th June, 2021;
• Parole granted to a person any time after 9th March, 2021 by order passed by a Court exercising the criminal jurisdiction and limited by time-frame specifying an expiry date, shall stand extended till 15th of June, 2021;
• The State Government or any of its Department or any Municipal Corporation / Council / Board or any Gram Panchayat or any other local body or any other agency and instrumentality of the State shall not take any action for eviction and demolition in respect of any property, over which any citizen or person or party or any Body Corporate, has physical or symbolic possession as on today till 15th June, 2021;
• Any Bank or Financial Institution shall not take action for auction in respect of any property of any citizen or person or party or any Body corporate till 15th June, 2021;
• If the Government of Madhya Pradesh and/or any of its Department and/or functionaries, Central Government and/or its departments or functionaries or any Public Sector Undertakings or any Public or Private Companies or any Firm or any individual or person is/are, by the order of this Court or any Court subordinate to it or the Tribunals, required to do a particular thing or carry out a certain direction in a particular manner, in a time frame, which has expired after 10th March, or is going to expire at any time from now up to 15th June, 2021, the time for compliance of such order shall stand extended up to 15th June, 2021, unless specifically directed otherwise by the Court concerned;

The matter has now been listed for further hearing on 15^th June, 2021 for further consideration.

Case title - In Reference (Suo Motu) vs. Union of India and others [W.P. No. 8820/2021]

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