Karnataka High Court Extends Interim Orders Till Jan 7,2021

The Division bench led by Chief Justice Abhay Oka said, "Only with the view to ensure that citizens are not deprived of their right to approach the Courts of law, we propose to exercise our jurisdiction under Articles 226 and 227 of the Constitution of India by issuing certain directions. The directions are required to be issued to ensure that litigants should not suffer on account of their inability to approach the Courts of law."

It issued the following directions.

(i) All interim orders passed by the Karnataka High Court, all the District Courts, Civil Courts, Family Courts, Labour Courts, Industrial Tribunals and all other Tribunals in the State over which this Court has power of superintendence, which are due to expire within a period of one month from today, will continue to operate for a period of one month from today. We, however, make it clear that those interim orders which are not of a limited duration and are to operate till further orders will remain unaffected;

(ii) If the Criminal Courts in the State have granted bail orders or anticipatory bail for a limited period which are likely to expire in one month from today, the said orders will stand extended for a period of one month from today;

(iii) If any orders of eviction, dispossession or demolition are already passed by the High Court, District or Civil Courts, the same shall remain in abeyance for a period of one month from today;

(iv) Considering the fact that it will be practically impossible for the citizens to approach the Courts for redressal of their grievances for a period of twenty-one days specified in the order of the Ministry of Home Affairs dated 24th March 2020, we sincerely hope that the State Government, Municipal Authorities and the agencies and instrumentalities of the State Government will be slow in taking action of demolition and eviction of persons.

The bench has noted that after 29th September 2020, the functioning of the Courts in the State has considerably improved. However, in some areas of the State, still a large number of COVID-19 positive cases are being reported while extending the interim order.

Further it clarified that the continuation of the order will not prevent the Courts from hearing the interlocutory applications on which interim or ad-interim orders have been passed. If any applications are made for vacating the interim orders or ad-interim orders, the Courts will take up those applications for hearing.

The court also specified that "Even the closure for the purposes of Section 4 of the Limitation Act, 1963 deserves to be extended till then."

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