Point of law: Covid 19 -Pandemic – Conduct of hearing of Courts – Virtual mode – Difficulties being faced by the Advocates – Interim orders granted earlier – Extension of – Directions issues

ORDER

Hima Kohli, C.J.

The country is reeling under the second wave of the COVID-19 infection. The number of active cases of COVID-19 infection in the State over the past one week have increased alarmingly and several Advocates and their family members, Judicial Officers and the staff members have got infected.

2. The Chairman, Bar Council of the State of Telangana, has submitted a representation dated 26.04.2021 highlighting the difficulties being faced by the Advocates in attending the courts and getting extension of the interim orders operating in favour of their clients.

3. We may note that vide Notification dated 15.04.2021, it was directed that all Benches of the High Court will conduct hearing of cases virtually. Further, vide Notification dated 19.04.2021 all Judicial Officers in the State were directed to work in virtual mode and all Principal District and Sessions Judges of the State revere instructed to reduce the footfall in the courts in their Units by only allowing 50% of the staff members to attend court on a tum wise basis. Vide Notification dated 29.04.2021, Unit Heads in the State were directed to instruct the Vacation Civil Judges in their Units to work from their courts either virtually or physically, by following the COVID protocols and all the other Judicial Officers, who are not on vacation and dealing with criminal cases or other urgent matters, were instructed to work virtually either from their chambers in the court or from their Home Offices in their respective stations during the summer vacation. 2021.

4. Taking suo motu cognizance of the aforesaid extraordinary circumstances and in exercise of the powers vested in this court under Articles 226 and 227 of the Constitution of India, it is hereby directed as under:-

(i) All the interim orders/directions issued or protection granted including any order requiring any compliance by the parties to such proceedings, passed by this court or any other court subordinate to it or any Family court or Labour Court or any Tribunal or any other Judicial or Quasi Judicial forum, over which this court has the power of superintendence, subsisting as on date, shall stand extended till 30th June, 2021;

(ii) Interim orders or directions of this court or any court subordinate to this court that are not of a limited duration and are intended to operate till further orders, shall continue to remain in force until specifically modified/altered/vacated by the court concerned in a particular case;

(iii) The time for filing of written statement or return in any suit or proceeding pending before any civil court or any other forum, unless specifically directed, shall stand extended till 30th June,2021. it is however clarified that this will not preclude the parties from filing such written statement or return before 30th June, 2021;

(iv) Orders of eviction, dispossession, demolition, etc. passed by this court or any court subordinate to it or any Tribunal or Judicial or Quasi Judicial forum, which have so far remained un-executed, shall remain in abeyance till 30th of June 2021;

(v) All orders granting interim protection in applications moved under Section 438 Cr.P.C , 1973by the High Court or Sessions Courts for a limited time frame, specifying an expiry date, from now up to 30th June, 2021, shall stand extended till 30th of June, 2021. However, any party aggrieved by the conduct of the accused granted such interim protection, may move the court in seisin over the matter for cancellation of the interim protection, in the event any prejudice is being caused to it;

(vi) All orders granting interim bail under Section 439 Cr.P.C , 1973by the High Court or Sessions Courts and limited by a time frame specifying a date of expiry, from now up to 30th June, 2021, shall stand extended till 30th June, 2021. However, a party aggrieved by the conduct of the accused enjoying interim protection, would be entitled to move the court concerned for cancellation of the interim protection, if any prejudice i