In view of commencement of third phase of the lockdown, a division bench of the Orissa High Court comprising of Justice CR Dash and Justice SK Panigrahi has extended all interim orders passed by the High Court and by the courts subordinate to it, that expired subsequent to March 24, till June 18, 2020.
The bench has also put in abeyance, any orders of eviction, dispossession or demolition, anticipatory bail, parole, bail granted under Section 439 of CrPC, etc. till June 18.
Further, filing of written-statements has been deferred, unless specifically directed, till June 18.
The directions have been passed to ensure that the litigants and citizens do not suffer on account of their inability to "approach the court of law".
The order draws strength from the plenary power of the Court under Article 226 of the Constitution, power of superintendence under Article 227 of the Constitution, inherent power over criminal matters under Section 482 of CrPC, power of superintendence over criminal courts under Section 483 CrPC and inherent power over civil matters under Section 151 of CPC.
As per the order,
Further, in order to dispel ambiguity, it is clarified that:
In its order, the High Court also endorsed the tough yet "well conceived" decision of imposing the lockdown, to minimize the effects of the pandemic.
"Law abidingness, however, has never been a natural habit of a part of the population. Irresponsibility is writ large when it comes to conforming to certain sets of discipline and order. In such a situation, locking down the entire country to keep the people safe was probably the only remedy available, though outcome of a very tough and difficult decision," the bench remarked.
Case Title: Bijaya Kumar Ragada v. State Of Odisha
Case No.: WP (C) 9095/2020
Quorum: Justice CR Dash and Justice SK Panigrahi
Appearance: Petitioner in person; Advocate General Ashok Kumar Parija, President of the HCBA Gopal Krishna Mohanty and Asst. Solicitor General AK Bose (for Respondents)
Click Here To Download Order