Written by: Muskan Rathore (Intern)
Edited by: Anubhav Yadav (Content Head & Developer)
The order passed on 5th January 2021 registered suo moto, in Re; Suo Moto v. State of Uttar Pradesh, by the Allahabad High Court, the court has once again extended all the interim orders which were existing on until 15th March 2021 till the end of May of this year. This order was passed keeping into account the recent wake of upsurge of cases during the pandemic Covid-19 in the state of Uttar Pradesh, which affects every individual of the State and due to which the courts are working at a reduced capacity.
The division bench comprising of acting Chief Justice of Allahabad High Court, Hon’bleSanjay Yadav and Justice Prakash Padia. The bench, while invoking extra ordinary power of the courts under Article 226 and inherent power of superintendence given under Article 227 of the Constitution and; the inherent powers of superintendence over criminal matters under section 482 of the Code of Criminal Procedure, 1973 as well as the inherent powers in civil matters under Section 151 of the Civil Procedure Code 1908, gave the following directions as for the interim order laid down by the High Court of Judicature at Allahabad and at Lucknow as well dated 15th March 2021:
- The District Courts, Family Courts, Civil Courts, Industrial Tribunals, Labour Courts, and all other judicial or quasi-judicial bodies in the state of Uttar Pradesh over which the High Court has jurisdiction, would continue to subsist further till 31st May 2021.
- Further, that all the interim orders passed by the courts which were to be followed until further order of the respective courts shall remain active unless modified by that particular court. The order additionally narrowed down to the subordinate courts to include that:
- The bail orders or anticipatory bail orders granted by the criminal courts of Uttar Pradesh which were meant to be expired before 31st May 2021 would stand extended till the same.
- The execution of orders of eviction, demolition or dispossession passed by the High Court, District Courts or the Civil courts, if not executed would stand suspended till the date. No fresh action would be taken against this.
- The judicial or quasi-judicial bodies, the state government, municipal bodies, local bodies and other instrumentalities of the government shall go unhurried in the eviction or demolition processes.
- Further, the banks and other financial institutions would not hold any auctions for property or institute, person, any body corporate or any party till 31st May.
Nevertheless, the interim order has also made it clear that any urgent matters, in case of extension of interim orders, which causes extreme hardships or prejudice to the parties of any pending proceedings, shall be free to approach the appropriate court, judicial, quasi-judicial forum or tribunal for seeking relief relating to such. Further, the State and its functionaries shall be free to file any appropriate application with regard to a particular case for necessary directions.