Bail applications, appeals under the SC/ST Act, and applications for suspension of sentence cannot be considered to be of extreme urgency during a complete lockdown.

JUDGMENT

Pankaj Bhandari, J. - Preeminence is always given by the Courts to Bail applications, applications for suspension of sentence in Appeals and Revisions but as to whether the same fall within the category of "extremely urgent matters" and should be taken up at a time when the entire Country, except essential services, is under lockdown is the moot question.

2. Bail Applications, Appeals under SC/ST Act, Revisions and Appeals with applications for suspension of sentence are listed in the category of urgent matters. When the entire Country except essential services is under closure, whether the above would fall within the category of extremely urgent matters is the moot question.

3. It is known fact that WHO has declared COVID-19 as a pandemic. National Disaster Management Authority Government of India in excercise of the powers under section 6 (2)(i) of the Disaster Management Act, 2005 (hereinafter referred to as 'the Act') has issued order dated 24.3.2020 directing Ministries/Departments of Government of India, State Governments and State Authorities to take measures for ensuring social distancing so as to prevent the spread of COVID-19 in the Country. National Executive Committee has issued guidelines on the measures to be taken by the Ministries/Departments of Government of India, State/Union Territory. Government and State/Union Territory Authorities for containment of COVID-19 epidemic in the Country.

4. The guidelines annexed to Order No. 40-3/2020 DM-1(A) is reproduced hereunder:-

"Whereas, the National Disaster Management Authority (NDMA), is satisfied that the country is threatened with the spread of COVID-19 epidemic, which has already been declared as a pandemic by the World Health Organisation, and has considered it necessary to take effective measures to prevent its spread across the country and that there is a need for consistency in the application and implementation of various measures across the country while ensuring maintenance of essential services and supplies, including health infrastructure;

Whereas in exercise of the powers under Section 6(2)(i) of the Disaster Management Act, 2005, the National Disaster Management Authority (NDMA), has issued an Order no. 1-29/2020-PP (Pt. II) dated 24.03.2020 directing the Ministries/Departments of Government of India, State/Union Territory Governments and State/Union Territory Authorities to take effective measures so as to prevent the spread of COVID-19 in the country;

Whereas under directions of the aforesaid Order of NDMA, and in exercise of the powers, conferred under Section 10(2)(I) of the Disaster Management Act, the undersigned, in his capacity as Chairperson, National Executive Committee, hereby issues guidelines, as per the Annexure, to Ministries/Departments of Government of India, State Union Territory Governments and State/Union Territory Authorities with the directions for their strict implementation. This Order shall remain in force, in all parts of the country for a period of 21 days with effect from 25.03.2020."

5. Rajasthan High Court in Suo moto versus State DB Civil Writ Petition No. 4990/2020 has issued directions whereby Government Machinery is required to strictly take all effective measures to ensure compliance of lockdown. Sec. 188 of IPC deals with the offence of "Disobedience to order duly promulgated by a public servant."

6. Rajasthan High Court has issued notification No. PA/RG/Misc/2020 dated 24-3-2020 directing listing of only matters of extreme urgency. Clause 1 (xiii) of the notification reads as under:- "It is made clear that on consideration of written mentioning and written submissions, if any, the relief as prayed for in urgent matters will be considered and/or the matter shall be suitably adjourned without passing any adverse orders" this has resulted in filing of applications.

7. In the extremely urgent category, even second, third and fourth bail applications are being filed as the Advocates/Litigants are aware that no ad