Life of all interim orders/ directions issued by courts in Punjab, Haryana extended till June 30, 2021 [Read Punjab & Haryana High Court order]

The Punjab & Haryana High Court on Wednesday extended the life of all interim orders/ directions passed by the High Court and all lower courts in the States of Punjab and Haryana till June 30, 2021..The order was passed by a Bench of Chief Justice Ravi Shanker Jha and Justice Suvir Sehgal after it took up the issue suo motu in view of the alarming increase in the COVID-19 cases..The Bench observed that litigants were not able to get in touch with lawyers, and the lawyers in turn were also finding it difficult to prepare files and get the matters listed at an early date..In this regard the Bench was approached for directions by the Additional Solicitor General Satya Pal Jain, Advocate General of Punjab Atul Nanda and Advocate General of Haryana Baldev Raj Mahajan and Pankaj Jain Standing Counsel for Union Territory of Chandigarh.The counsel sought for similar directions as passed by the Madhya Pradesh High Court directing that interim arrangements to be extended upto June 30, 2021. The Court, therefore, proceeded to order as follows:."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 power of superintendence, which are subsisting today shall stand extended till 30th June, 2021.".Along with extension of interim orders, the Bench also issued the following directions..- Unless there is necessity of arrest for maintenance of law and order or any other emergent case, in a cognizable offence prescribing sentence up to seven years imprisonment, the police shall desist from arresting the accused up to 30th of June, 2021, without complying with the provision of Section 41A, CrPC."This however may not be understood as an interdict on the power of the police to arrest but should only be considered as mere advisory in the face of ongoing crisis following second wave of coronavirus." the Court said. .- The interim orders or directions of the High Court or any court subordinate to the High Court which is not for a limited duration and are meant to operate "till further orders" shall continue to remain in force until modified or altered by the specific order of the court in that case;.- The time for filing written statement or return in any suit or pending before any civil court or any other forum, unless specifically directed shall stand extended till June 30, 2021. However, this will not preclude parties to file such written statement or return before June 30, 2021;.- Orders of eviction, dispossession, demolition, etc, passed by this Court or any subordinate court, Tribunal, Judicial or Quasi-judicial forum, which have so far remained unexecuted, shall remain in abeyance till June 30, 2021;.- Interim protection given in the anticipatory bail applications by the High Court or Court of Sessions for a limited period, which is likely to expire 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 on such interim protection, may move the Court seisin over the matter for discontinuation of such interim protection, if any prejudice is caused to him/her, in which event, the Court concerned shall be entitled to take independent view of the matter;.- All the interim bails granted under Section 439, CrPC by the High Court or Courts of Sessions, limited by time frame specifying an expiry date from now up to June 30, 2021, shall stand extended till June 30, 2021, subject to the accused not abusing such liberty or else it may be cancelled at the instance of the State or the complainant, on application with adequate proof of the abuse of the liberty so granted by the Court concerned;.- Parole granted to a person by order passed by a Court exercising the criminal jurisdiction and limited by time-frame specifying an expiry date from now up to June 30, 2021, shall stand extended till June 30, 2021; .- Governments of States and Union Territories, Municipal Corporation, Gram Panchayats or other local bodies were directed to not take any action towards eviction or demolition of property over which any citizen or body corporate has physical or symbolic possessions on today till June 30, 2021.They should not insist upon requiring execution of a particular directions in a particular manner in a time frame as such compliance was extended till June 30, 2021..- Any Bank or Financial institution shall not take action for auction in respect of any property of any citizen or body corporate till June 30, 2021..The Court directed the Registry to prominently publish the order on official government websites, and send hard copies of the same to all administrative offices and police stations over which the High court has superintendence. .It was also directed that the order be given wide publicity through print and electronic media having wide circulation so that litigants may know about the order and do not rush to court for different reliefs. .The Bench clarified that all judicial, quasi-judicial and administrative authorities mentioned in the order are expected to abide by these directions and in the event a party seeking relief brings their attention to this order, due weightage should be given..Senior Advocate Anupam Gupta was appointed as Amicus Curiae in the matter and the case was posted for further hearing on June 30, 2021. [Read Order]