[COVID-19] Kerala High Court extends life of interim orders passed by all courts/ tribunals in the State till July 13

The Kerala High Court on Monday extended the life of all interim orders passed by all courts and tribunals fall under the supervisory jurisdiction of the High Court, till July 13, 2021.

. A Bench of Chief Justice S Manikumar and Justices CT Ravikumar and Shaji P Chaly extended an earlier interim order passed on the same issue on May 19, 2021.

. " Placing on record the submission of the learned Advocate General that the lock-down continues with changes as set in the Government Order dated June 22, 2021, we are inclined to extend the interim orders up to July 13, 2021, " the order said.

The Court also directed the Registry to post the matter again on July 12 for further consideration.

. During the second wave of the COVID 19 pandemic, the High Court had decided to revive the earlier orders passed by it in this regard during the first wave of the pandemic.

.Life of interim orders of courts, tribunals in Kerala extended until June 30 in view of continuing COVID-19 Lockdown [Read HC Order]. On May 19, 2021 , the High Court had revived the order passed by the Court on March 25, 2020. In exercise of the powers conferred under Articles 226 and 227 of the Constitution of India and Section 482 of the Cr.P.C, the Court had issued the following directives.

All the interim orders passed by all the Courts/Tribunals upon which High Court exercises supervisory jurisdiction under Article 227 of Constitution of India, which are due to expire during the lockdown period, are extended;

If any application is filed for extending/vacating an interim order and pending for orders in this Court, the interim orders will have to be extended, accordingly all orders are extended;

In all recovery matters, such as electricity, water, Abkari and other matters, Council of Ministers, Government of Kerala has already taken a decision that, no recovery proceedings would be initiated or recovery proceedings already initiated, would not be proceeded further. Additional Advocate General submitted that Government would maintain the position;

Insofar as recovery proceedings by Government of India and Public Sector Undertakings owned or controlled by the Government of India, Taking note of the submission of the Government of India and the order of the Supreme Court dated 7.5.2021, which revived the orders passed during the first lockdown, that a proper mechanism be evolved, we also deem it fit to state that until such time, we hope that no action would be taken;

Insofar as Criminal matters are concerned, orders of bail or anticipatory bail, restricted for a limited period, which may expire during the lockdown period, stand extended as hereafter;

Sessions Judges in the State are hereby authorised to consider bail applications submitted through e-mail and to dispose of such applications through video-conferencing, after hearing the Advocate concerned as well as the Public Prosecutor;

We direct the appropriate statutory authorities/police to consider any application or declaration or information, as the case may be, received from the lawyers, physically or through electronic mode, for their movement and also the movement of clerks and other required staffs, appropriate decision, in accordance with law, shall be taken, without any delay, so as to enable the movement;

With respect to the matters arising out of the proceedings under Sec.138 of the Negotiable Instruments Act, interim orders, if any, issued already need not be enforced.

These directions now stand till July 13.

. [Read Order]

[COVID-19] Kerala High Court extends life of interim orders passed by all courts/ tribunals in the State till July 13

Giti Pratap

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