Synopsis: The effect of the interim orders set to expire within a period of one month has now been extended until 7 January 2021.
In view of the COVID-19 pandemic, the High Court of Karnataka has further extended the life of all state-wide interim orders passed by itself, subordinate courts and tribunals.
The effect of the interim orders, set to expire within a period of one month, has now been extended until 7 January, 2021.
By an order dated 16th April, the Division Bench headed by Chief Justice Abhay Shreeniwas Oka had extended the life of interim orders. Over the course of the year, the extension was renewed from time to time.
Again, on 1st October, the High court extended until 29 November the validity of the interim orders.
In order to ensure that the litigants do not suffer because of their failure to approach the courts during the pandemic, the Court has now followed the following instructions with regard to the extension of interim orders:
• All interim orders issued by the High Court of Karnataka, all District Courts, Civil Courts, Family Courts, Labour Courts, Industrial Tribunals and all other Tribunals in the State over which the Court has the power of superintendence, which are due to expire within a period of one month from today, and shall continue to act for a period of one month, the court make it clear that those interim orders which are not of a limited duration and are to work until further orders are unaffected;
• If bail orders or anticipatory bail orders have been issued by the Criminal Courts in the State for a limited period that is likely to expire within a month from today, those orders will be extended for a period of one month from today;
• Where any eviction, dispossession or demolition orders have already been issued by the High Court, District Court or Civil Court, they shall remain suspended for a period of one month from today;
• In view of the fact that it will be practically impossible for people to approach the Courts for redress of their grievances for a period of twenty-one days stated in the order of the Ministry of Home Affairs of 24th March 2020, the Court sincerely hope that the State Government, the Municipal Authorities and the State Government’s agencies and instruments will be slow to take action.
In its order, the Court clearly noted that the functioning of the courts in the State had improved considerably after 29 September. However, large numbers of positive COVID-19 cases have been reported in some areas. The Court found it necessary, in the light of these cases, to extend the life of the interim orders.
In doing so, the Court explained that the continuation of the order would not prevent the courts from hearing interlocutory applications in respect of which interim or ad-interim orders were issued.
If any appeals are made to abandon the interim orders or ad-interim orders, such applications for a hearing will be taken up by the courts.