COVID-19 Surge: Telangana High Court Extends The Life Of Interim Orders Passed By It And Subordinate Courts Till June 30

Noting that the country is reeling under the second wave of the COVID-19 infection and that several Advocates and their family members, Judicial Officers, and the staff members have got infected, the Telangana High Court on Friday (April 30) extended the life of interim orders till June 30.

The Full Bench of Chief Justice Hima Kohli, Justice M.S. Ramachandra Rao and Justice Rajashekhar Reddy took this decision after perusing an appeal made by the Telangana State Bar Council Chairman highlighting the difficulties being faced by the Advocates in attending the courts and getting an extension of the interim orders operating in favor of their clients.

Therefore, taking suo motu cognizance of the aforesaid extraordinary circumstances and in the exercise of the powers vested in this court under Articles 226 and 227 of the Constitution of India, the Court directed as under:

• 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 the power of superintendence, subsisting as on date, shall stand extended till 30th June 2021;
• Interim orders or directions of this court or any court subordinate to this court that are not of limited duration and are intended to operate till further orders shall continue to remain in force until specifically modified/altered/vacated by the court concerned in a particular case;
• The time for filing of a written statement or return in any suit or proceeding pending before any civil court or any other forum, unless specifically directed, shall stand extended till 30th June 2021. it is however clarified that this will not preclude the parties from filing such written statement or return before 30th June 2021;
• Orders of eviction, dispossession, demolition, etc. passed by this court or any court subordinate to it or any Tribunal or Judicial or Quasi-Judicial forum, which have so far remained unexecuted, shall remain in abeyance till 30th of June 202t;
• All orders granting interim protection in applications moved under Section 438 Cr. P.C by the High Court or Sessions Courts for a limited time frame, specifying an expiry date, from now up to 30th June 2021, shall stand extended till 30th of June 2021.
• All orders granting interim bail under Section 439 Cr. P.C by the High Court or Sessions Courts and limited by a time frame specifying a date of expiry, from now up to 30th June 2021, shall stand extended till 30th June 2021.
• Parole granted to a person on an order passed by a court exercising the criminal jurisdiction and limited by time frame specifying an expiry date, from now up to 30th June 2021, shall stand extended till 30th of June,2021;
• That till 30th of June, 2021 the police shall refrain from arresting the accused without complying with the provision of Section 41A, Cr.P.C, unless there is a 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.
• This may not be construed as an interdict on the powers of the police to arrest, but in view of the ongoing crisis following the second wave of Coronavirus, this shalt be treated as an Advisory to be followed by the police, as far as is possible.

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