Pandemic Being Used As Excuse By State For Acting In Flagrant Breach Of Court's Orders: Madras High Court

The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy was presiding over a Public Interest Litigation and when the matter was listed for reporting compliance, the State prayed for more time to file a status report in the matter.

To this, the Court remarked,

"Even as the common man remains apprehensive and fears for his life while praying that he does not get affected by the virus since the medical facilities remain suspect, the State's indolence knows no bounds to use the pandemic as an excuse for acting in flagrant breach of orders of this Court."

Importantly, in the instant matter, on April 7, 2021, the Court had given the State "the last chance" and the state was afforded ten days' time to complete the work and file a status report.

However, when the matter appeared on Wednesday, the virus was blamed for the status report not being filed despite previous orders therefor.

Lastly, the Court directed that the matter would appear on April 30, 2021 and the Advocate General has been asked to represent the State to file the status report and justify the conduct of the State.

In related news, last week, the Court had remarked in another matter that,

"Despite observations in repeated orders that directions issued by the Court to file affidavits continue to be flouted frequently, there is no improvement in the situation."

The Court was dealing with a matter pertaining to illegal quarrying, when the State Government justified the failure to adhere to the directions because of the pandemic.

To this, the Court had said,

"Even otherwise, in crucial matters pertaining to illegal quarrying when reports or affidavits are not forthcoming, there is every reason to draw an adverse inference that the officials are mixed up with those involved in the illegal quarrying activities and actively resist the Court investigating into such matters."

Further, the Court had also said that insolence couldn't be accepted nor could a system be allowed to continue when directions for filing affidavits hold no meaning at all.

Click here To Download Order

Read Order