IMPORTANT POINT
The Constitutional obligation under Article 20(2) shall be followed in letter and spirit. Over-crowding in prisons is one of the issues taken up by the Hon'ble Supreme Court in Suo Motu Writ Petition (C) No.1/2020-Depending upon the nature of offence, shall consider as to whether judicial/police custody is required or not. Needless to state that, bail is the rule and jail is an exception.

ORDER :

S. MANIKUMAR, J.

1. On 24th March, 2020, the Hon'ble Prime Minister of India announced a complete lock down throughout the Country and consequently, the Ministry of Home Affairs, Government of India, issued a Notification No.40-3/2020-DM-I(A) dated 24th March, 2020, enclosing the guidelines on the measures to be taken by the Ministries/Departments of the Government of India, State/Union Territory Governments, for containment of COVID-19 epidemic in the Country.

2. Having regard to the public announcement of imposing a total lock down in the wake of outbreak of pandemic Corona Virus, resulting in immobilization of public at large, and total stoppage of public transport, litigants would find it difficult to approach the Courts to vindicate their grievances. Therefore, we deem it proper to issue directions in the instant suo motu Writ Petition.

3. On request, Shri Ranjith Thampan, learned Additional Advocate General, Kerala, Shri Suman Chakravarthy, learned Senior Public Prosecutor representing the State, Shri P. Vijayakumar, learned Assistant Solicitor General, representing the Government of India and Public Sector Undertakings owned and controlled by the Government of India, and Shri V. Manu, Senior Government Pleader were present. On behalf of the Kerala High Court Advocates' Association, its President Shri R. Lakshmi Narayan was also present.

4. We are informed that the High Court as well as the Courts in the District Judiciary and Tribunals have granted interim orders for a limited period and inasmuch as the litigants, their respective counsel, will not be in a position to approach the Courts/Tribunals for filing an application for extension, during this total lock down period of 21 days, necessary orders have to be issued, so as to enable the litigants not to suffer on account of their inability to approach the Courts in the Districts/Tribunals, as the case may be. Therefore, in exercise of the powers conferred under Articles 226 and 227 of the Constitution of India, all the interim orders passed by all the Courts/Tribunals upon which High Court exercises supervisory jurisdiction under Article 227, which are due to expire during the lock down period of 21 days, are extended by this Court by one month from today.

5. We also make it clear that, if any application is filed for extending/vacating an interim order and pending for orders in this Court, the interim orders will be extended for one month.

6. In so far as recovery proceedings under the State Laws are concerned, Shri Ranjith Thampan, learned Additional Advocate General submitted that, in all recovery matters, such as electricity, water, Abkari and other matters, Council of Ministers, Government of Kerala has already taken a decision that payment will be deferred upto 30.04.2020, and therefore, no recovery proceedings would be initiated or recovery proceedings already initiated, would not be proceeded further until 30.04.2020. The submission of the learned Additional Advocate General is placed on record.

7. Shri V. Manu, learned Senior Government Pleader expressed the view of the Bar Council of Kerala and the Bar Council of India that, in the wake of the outbreak of the pandemic in the country and the consequent lock down notification issued by the Government of India, there should be a total shut down of Courts during this lock down period. The submission is placed on record.

8. In so far as recovery proceedings by the Government of India and Public Sector Undertakings owned or controlled by the Government of India, attention was invited to an order of this Court passed in W.P.(C) No.8231 of 2020 dated 19.03.2020, which was taken on appeal by the Union of India in Special Leave Petition (Civil) Diary Nos.10669/2020, wherein, the Hon'ble Supreme Court of India on 20.03.2020 has passed the following orders:

“The Registry is directed to accept these special leave petitions against the judgment and order(s) passed by the High Court of Judicature at Kerala, Ernakulam Bench i