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2021 Supreme(Ker) 462

IN THE HIGH COURT OF KERALA AT ERNAKULAM
S. MANIKUMAR, C.T. RAVIKUMAR, SHAJI P. CHALY, JJ.
Suo Moto - Appellant
Versus
State of Kerala - Respondent
W.P.(C). No. 11316 of 2021
Decided On : 19-05-2021

The main legal point established in the judgment is the extension of interim orders and the authorization of bail applications through e-mail and video-conferencing due to the lockdown restrictions.

Headnote:

LOCKDOWN - Extension of Interim Orders - Suo Motu Writ Petition - Sec. 138 of the Negotiable Instruments Act, 1881 - Sec. 41 of the Code of Criminal Procedure - Article 21 of the Constitution of India

ORDER

S. MANIKUMAR, J.

1. Earlier, since normal court proceedings could not be carried out, it was felt necessary to extend the interim orders granted by the High Court and the custody orders, in respect of children issued by the Family Courts, which were due to expire during the period of lockdown restrictions. Accordingly, a Full Bench of this Court has passed an order dated 25th March, 2020, which was later on modified as per order dated 30th March, 2020. The said orders were periodically extended on various dates. The applications filed by Banks and other Organisations, to vacate the interim order, were also considered by this Court.

2. Consequent to the improvement of pandemic situations, the Hon'ble Supreme Court, as well as other High Courts, have either vacated or disposed of the writ petitions registered suo motu, thus permitting the aggrieved persons on either side to proceed in the pending applications and other matters to be proceeded in accordance with law.

3. But, during the first week of May, 2021, since there was surge in Covid-19 pandemic situation, State Government have declared a lockdown with effect from 08.05.2021 till 17.05.2021 as per Government order dated 06.05.2021, and issued directions and guidelines for managing the pandemic situation and also for alleviating the grievance of the public in regard to their essential and unavoidable activities.

4. Thereafter, modifications were made as per order dated 7.5.2021, and later, on 14th May, 2021, a second phase lockdown in the State has been declared with effect from 16th May, 2021 to 23rd May, 2021, taking into account the spread of pandemic and the increase of Test Positivity Rate (TPR). Additional guidelines have been issued by the Government in the said order dated 14.05.2021, in respect of Thiruvananthapuram, Ernakulam, Thrissur, and Malappuram districts where infection showed an upward trend.

5. On account of the same, all the District Disaster Management Authorities have been directed to analyse the situations within the districts, and implement stringent containment measures wherever required. Therefore, normal proceedings before the Courts and Tribunals are not possible and in that view of the matter, it is decided to register the instant suo motu writ petition, in order to manage and tackle the second lockdown situation.

6. Suo motu proceedings are initiated for extension of orders, granted by this Court and for passing orders, on similar lines to the orders passed in W.P.(C) No. 9400 of 2020, registered suo motu by this Court, particularly, with the intention of dealing with legal matters, due to the emergent situation of pandemic Covid-19 and the complete lockdown declared by the Government of India on 24th March, 2020.

7. After deliberations, we are of the view that the orders passed by this Court during the first lockdown period are to be revived. We are also informed that Hon'ble Apex Court has taken note of the present emergent situation, re-opened the earlier suto motu proceedings, and passed orders on 07.05.2021 issuing various directions, in view of the unprecedented surge in Covid-19 resulting in steep hike in the number of people, who are affected by pandemic Covid-19. The Hon'ble Apex Court also restored its earlier order dated 25th March, 2020, and issued appropriate directions, in respect of extension of limitation, releasing prisoners on parole, constitution of High Powered Committee etc.

8. The High Powered Committee constituted by this Court also met after the second lockdown and issued appropriate directions, in order to tide over the present pandemic situation.

9. We have heard learned Additional Advocate General Mr. Ranjit Thampan, Mr. Raj Kumar, learned counsel representing the Addl. Solicitor General of India, Mr. Thomas Abraham, President of Kerala High Court Advocates' Association, Mr. P. Narayanan, learned Senior Government Pleader, and Mr. Suman Chakravarthy, learned Senior Public Prosecutor.

10. On the aspect of limitation, in In

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