2020 Supreme(Ker) 410
IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHAJI P. CHALY, S.MANIKUMAR, C.T.RAVIKUMAR, JJ.
Suo Motu Proceedings - Covid-19 - Pandemic – Appellant
Versus
State of Kerala – Respondent
W.P. (C) No. 9400 of 2020
Decided on : 30-06-2020
Advocate Appeared:
P. Vijayakumar Ranjith Thampan Suman Chakravarthy, Adv.
The main legal point established in the judgment is the extension of interim orders and the consideration of COVID-19 guidelines in the context of court proceedings and the surge of COVID-19 cases in prisons.
Headnote:
Extension of Interim Orders - COVID-19 Guidelines - Kerala High Court - [Extension of Interim Orders] - [COVID-19 Guidelines] - [30/03/2020, 25/03/2020, 26/06/2020] - The court extended the interim orders passed in various proceedings up to 30/06/2020 due to the COVID-19 situation. The guidelines for the commencement of proceedings in courts and work in the sections after the Mid Summer vacation were issued, including sitting arrangements, filing procedures, entry to the High Court, and security and hygiene measures. The court also considered a letter from the Director General of Prisons & Correctional Services, Thiruvananthapuram, requesting an extension of the order dated 30/03/2020 to remand prisoners already on interim bail due to the surge of COVID-19 cases in prisons.
Fact of the Case:
The court extended the interim orders passed in various proceedings up to 30/06/2020 due to the COVID-19 situation and considered guidelines for the commencement of proceedings in courts and work in the sections after the Mid Summer vacation. The court also considered a letter from the Director General of Prisons & Correctional Services, Thiruvananthapuram, requesting an extension of the order dated 30/03/2020 to remand prisoners already on interim bail due to the surge of COVID-19 cases in prisons.
Finding of the Court:
The court found that the COVID-19 situation had not improved in Kerala, leading to the extension of interim orders. It also considered the guidelines for court proceedings and the request for an extension of the order dated 30/03/2020 to remand prisoners already on interim bail.
Issues: Extension of interim orders, COVID-19 guidelines, and the surge of COVID-19 cases in prisons.
Ratio Decidendi: The court extended the interim orders due to the ongoing COVID-19 situation and considered guidelines for court proceedings and the request for an extension of the order dated 30/03/2020 to remand prisoners already on interim bail.
Final Decision: The matter was posted for 03/08/2020 for further consideration.
ORDER :
S. Manikumar, J.
1. On 26/05/2020, we passed the following order:
"4. We find that as per the order dated 30/03/2020, the orders passed by this Court in various proceedings had been extended only upto 18/05/2020.
5. We, therefore, make it clear that the above order is extended and thereby all interim orders extended by one month as per order dated 25/03/2020 will stand extended up to 30/06/2020. It is open to the aggrieved party to seek for vacation of such orders before the court concerned."
2. High Court has issued an advisory dated 16/05/2020 which reads thus:
"Sub: - Reopening of the High Court after Mid Summer vacation 2020 - arrangements for the proceedings in Court and work in the Sections - reg.
The High Court will reopen on 18/05/2020 after Mid Summer vacation 2020 as already notified. As the restrictions/rules/guidelines in the light of the COVID - 19 pandemic issued by the Central and State Governments are in vogue, the arrangements for the proceedings in Courts and work in the Sections will be as per the guidelines annexed herewith, until further orders.
(By Order)
Sd/-
Registrar General
ANNEXURE
GUIDELINES FOR THE COMMENCEMENT OF PROCEEDINGS IN COURTS AND WORK IN THE SECTIONS, ON REOPENING AFTER THE MID SUMMER VACATION – 2020
Sitting arrangements:
(i) Sitting Through Video Conferencing
There will be 5 Admission Courts for Writ Petitions, 2 Courts for Bail Applications and one admission Court for Civil/Criminal Miscellaneous matters which will hold sittings through Video Conferencing. Further hearing will be subject to the discretion of the Judge concerned. Detailed instructions for online procedure will be issued.
(ii) Sitting in Court Halls
All Division Benches and Single Judges (other than Video Conferencing) hearing Petitions and final hearing matters will hold physical sittings in Court halls.
Separate lists for the forenoon and afternoon sessions will be published.
Number of cases to be included in the hearing list will be decided by the Judges concerned.
Only six Advocates will be allowed at a time inside the Court hall excluding the Government Pleaders/Public Prosecutors.
Only 10 seats will be provided inside each Court hall and the rest of the seats will be arranged in the veranda outside the Court halls ensuring social distancing.
Matters ordered to be posted for hearing by the Admission Courts shall be posted before the Courts hearing petitions and final hearing matters.
Petitions and final hearing matters will be taken up on both parties being present in Court.
Those who have admission matters and engaged in Video Conferencing can, with notice to the other side, specify a convenient time to the Court Officer concerned and maximum accommodation will be granted.
Even if the Court retires, if all the contesting party in a case turn up ready, they can inform the Court Officer to enable the Court to reassemble at the discretion of the Judge concerned.
Filing:
(i) Physical Filing
Cases shall be filed in physical form except in the case of Bail Applications/W.Ps(C) and other admission matters before Single Judges.
Advocates/Parties desirous of filing cases shall make a request in that regard on the previous day through e-mail.
The Registry shall intimate the allotted time for filing to the applicant by e-mail.
Filing time will be from 10:00.a.m to 01:00 p.m.
Those who are allotted time to file case/s shall put the case file/s in the separate boxes - placed in the atrium on the ground floor, where sufficient officials of the Filing Section will be deployed.
The Advocate/Clerk/Party after filing, shall immediately leave the Court premises and shall not await for scrutiny to be completed.
No work relating to preparation of the case files including affixture of stamps, stitching etc. shall be permitted in the atrium.
Separate entry and exit will be provided in the atrium.
Filing shall be regulated by virtual queue system.
Filing can be made by the Advocate/Clerk/Party on showing the printout or soft copy of the intimation
The virtual queue sh