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IN THE HIGH COURT OF KERALA AT ERNAKULAM
S. MANIKUMAR, C.T. RAVIKUMAR, SHAJI P. CHALY, JJ.
Court on its Motion - Suo Motu Proceedings - Petitioner
Versus
State of Kerala & Ors. - Respondents
W.P.(C) No. 9400 of 2020
Decided On : 01-03-2021
The High Court of Kerala, in a suo motu proceeding, issued directions to address the challenges faced by litigants and lawyers during the COVID-19 pandemic. The Court directed that interim orders passed by all courts/tribunals upon which High Court exercises supervisory jurisdiction under Article 227, which are due to expire during the lockdown period of 21 days, shall stand extended for one month from the date of expiry. The Court also directed that no recovery proceedings shall be initiated or proceeded further until 30.04.2020. The Court further directed that High Court/Sessions Courts shall have the power to grant anticipatory bail for a limited period, which may expire during the lockdown period, and in such cases, interim orders shall stand extended for one month. The Court also directed that the Under-trial Review Committee contemplated by the Apex Court In re Inhuman Conditions in 1382 Prisons, (2016) 3 SCC 700, shall meet every week and take such decision in consultation with the concerned authority as per the said judgment. The Court further directed that the Government shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal Services Committee, (ii) the Principal Secretary (Home/Prisons) as the case may be, (iii) Director General of Prisons to determine which class of prisoners can be released on parole or on interim bail. The Court also directed that a copy of the order shall be published in the official website of the High Court of Kerala.
Fact of the Case:
The High Court of Kerala took suo motu cognizance of the challenges faced by litigants and lawyers during the COVID-19 pandemic.
Finding of the Court:
The Court directed that interim orders passed by all courts/tribunals upon which High Court exercises supervisory jurisdiction under Article 227, which are due to expire during the lockdown period of 21 days, shall stand extended for one month from the date of expiry. The Court also directed that no recovery proceedings shall be initiated or proceeded further until 30.04.2020. The Court further directed that High Court/Sessions Courts shall have the power to grant anticipatory bail for a limited period, which may expire during the lockdown period, and in such cases, interim orders shall stand extended for one month. The Court also directed that the Under-trial Review Committee contemplated by the Apex Court In re Inhuman Conditions in 1382 Prisons, (2016) 3 SCC 700, shall meet every week and take such decision in consultation with the concerned authority as per the said judgment. The Court further directed that the Government shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal Services Committee, (ii) the Principal Secretary (Home/Prisons) as the case may be, (iii) Director General of Prisons to determine which class of prisoners can be released on parole or on interim bail. The Court also directed that a copy of the order shall be published in the official website of the High Court of Kerala.
Issues: The issues before the Court were: 1. Whether interim orders passed by courts/tribunals should be extended during the lockdown period? 2. Whether recovery proceedings should be stayed during the lockdown period? 3. Whether High Court/Sessions Courts should have the power to grant anticipatory bail for a limited period, which may expire during the lockdown period? 4. Whether the Under-trial Review Committee should meet every week to take decisions regarding the release of prisoners on parole or interim bail? 5. Whether the Government should constitute a High Powered Committee to determine which class of prisoners can be released on parole or on interim bail?
Ratio Decidendi: The Court held that: 1. Interim orders passed by all courts/tribunals upon which High Court exercises supervisory jurisdiction under Article 227, which are due to expire during the lockdown period of 21 days, shall stand extended for one month from the date of expiry. 2. No recovery proceedings shall be initiated or proceeded further until 30.04.2020. 3. High Court/Sessions Courts shall have the power to grant anticipatory bail for a limited period, which may expire during the lockdown period, and in such cases, interim orders shall stand extended for one month. 4. The Under-trial Review Committee contemplated by the Apex Court In re Inhuman Conditions in 1382 Prisons, (2016) 3 SCC 700, shall meet every week and take such decision in consultation with the concerned authority as per the said judgment. 5. The Government shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal Services Committee, (ii) the Principal Secretary (Home/Prisons) as the case may be, (iii) Director General of Prisons to determine which class of prisoners can be released on parole or on interim bail.
Final Decision: The Court directed that interim orders passed by all courts/tribunals upon which High Court exercises supervisory jurisdiction under Article 227, which are due to expire during the lockdown period of 21 days, shall stand extended for one month from the date of expiry. The Court also directed that no recovery proceedings shall be initiated or proceeded further until 30.04.2020. The Court further directed that High Court/Sessions Courts shall have the power to grant anticipatory bail for a limited period, which may expire during the lockdown period, and in such cases, interim orders shall stand extended for one month. The Court also directed that the Under-trial Review Committee contemplated by the Apex Court In re Inhuman Conditions in 1382 Prisons, (2016) 3 SCC 700, shall meet every week and take such decision in consultation with the concerned authority as per the said judgment. The Court further directed that the Government shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal Services Committee, (ii) the Principal Secretary (Home/Prisons) as the case may be, (iii) Director General of Prisons to determine which class of prisoners can be released on parole or on interim bail. The Court also directed that a copy of the order shall be published in the official website of the High Court of Kerala.
JUDGMENT :
S. Manikumar, J.
Taking note of the Covid–19 Pandemic situation and the lockdown ordered throughout the country on 24.3.2020, this court suo motu instituted W.P.(C) No.9400 of 2020 and after hearing Mr. Ranjith Thampan, learned Additional Advocate General, Kerala, Mr. Suman Chakravarthy, learned Senior Public Prosecutor representing the State, Mr. P. Vijayakumar, learned Assistant Solicitor General, representing the Government of India and Public Sector Undertakings owned and controlled by the Government of India, Mr. V. Manu, Senior Government Pleader and Mr.R.Lakshmi Narayan, the then President of the Kerala High Court Advocates' Association, on 25.3.2020, we passed the following order:
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
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