Bombay High Court Stays Interim Orders Till 7 May

Bombay High Court Stays Interim Orders Till 7 May

The Bombay High Court (HC), in a suo motu writ petition (Court on its own motion - Suo-Motu PIL 1 of 2021) granted an extension of protection to litigants who are not able to access justice due to restricted functioning of the Courts during pandemic COVID-19.

The HC bench comprising of Chief Justice Dipankar Dutta and Justices AA Sayed, SS Shinde, and PB Varale at its principal seat in Mumbai will continue to hear cases virtually till 7 May 2021, it was decided at an Administrative Committee meeting chaired by Chief Justice Dipankar Datta.

The Court directed that the interim orders passed by the HC and Lower Courts and Tribunals coming under its jurisdiction shall stand extended till 7 May 2021. It further directed that the orders pertaining to eviction, demolition or dispossession passed by any lower courts or authorities after 9 April 2021 will be kept on hold till 7 May 2021.

The second wave of the pandemic, arising out of COVID-19 virus, has been wreaking havoc just as the first wave did in the year that went by. Section 144 of the Code of Criminal Procedure (CrPC) and night curfew have been imposed from 20.00 hours of 14 April 2021 till 07.00 hours of May 1, 2021.

Concern was shown that such measures, together with other restrictions imposed by the said order, have rendered it difficult to conduct judicial proceedings in this Court as well as the Courts/Tribunals in the Districts/Talukas in the physical presence of advocates, litigants, and other stakeholders, and with the full complement of officers/staff.

The order reads, "In a meeting of the Judges of the Administrative Committee of this Court held at 11.00 hours today, it has been resolved to regulate judicial proceedings of all the Benches, and the Courts/Tribunals subordinate to the High Court of Bombay by imposing appropriate restrictions."

The plea raised concerns wherein interim orders were passed by the HCs and all Lower Courts coming under the jurisdiction in Maharashtra, Goa and Union Territory of Dadra and Nagar Haveli, and Daman and Diu.

In exercise of its inherent powers under Article 226 of the Constitution, the Bench proceeded to pass the following directions:

o Interim orders passed by the HC and Lower Courts as of 9 April 2021, and those which are likely to expire within 19 April 2021 or soon thereafter, such order shall extend till 7 May 2021 or until further orders of this Bench.

o Conditional orders of the Courts/Tribunals/Authority allowing occupation of any premises subject to payment of rent or occupation charges will continue notwithstanding deposit of the payments. For instance, if a tenant fails to pay rent then it shall not make the owner liable to evict till 7 May 2021 or until further orders.

o Till 7 May 2021 or till further directions by this bench, all conditional orders will continue to remain in operation.

o All parties affected by the continuance of the interim orders as above will be at liberty to apply for vacating or variation of such orders upon notice to the party in whose favour such interim orders have been made.

o Even orders or decrees for eviction/ dispossession/demolition subsequent to 9 April 2021 shall remain on hold till 7 May 2021 unless directed otherwise. It was also suggested that removing encroachers without notice should not be resorted to.

The HC bench has noted that in the current situation it has become difficult to conduct judicial proceedings in this Court and the Lower Courts/Tribunals in the Districts/Talukas in the physical presence of advocates, litigants, and other stakeholders, and with the full complement of officers/staff and as an obvious consequence, access to justice has been hindered.