2020 (3) TMI 1487 - HC - Indian Laws

Modification of modalities of filing and affirming petitions to dispense with the personal presence of petitioners particularly in Public Interest Litigations during the COVID-19 lockdown - HELD THAT - As the lock down is now declared till 14.04.2020 normal working of this court at least till then is not possible. As the staff is not available flies cannot be made over to court. As local transport is shut down lawyers and litigants are finding it difficult to approach the court. In this situation it is found appropriate to continue all interim orders which are operating till today and are not already continued by some other courts / authority including this court and the same shall remain in force till 30.04.2020 subject to liberty to parties to move for vacation of interim orders only in extreme urgent cases. Thus all interim orders passed by this High Court at Mumbai Aurangabad Nagpur and Panaji as also all courts/ Tribunal and authorities subordinate over which it has power of superintendence expiring before 30.04.2020 shall continue to operate till then. It is clarified that such interim orders which are not granted for limited duration and therefore are to operate till further orders shall remain unaffected by this order. Orders or decree for eviction dispossession demolition already passed by any court/Tribunal/Authority shall also remain in abeyance till then - This order be published on the official website of this court and its copy shall also be forwarded to all concerned.

2020 (3) TMI 1305 - HC

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered by the Court in this judgment are:

Whether the modalities of filing and affirming petitions can be modified to dispense with the personal presence of petitioners, particularly in Public Interest Litigations, during the COVID-19 lockdown;
Whether courts should allow and facilitate e-filing and hearing through video conferencing to ensure access to justice during the pandemic;
Whether interim orders granted by courts, tribunals, and authorities should continue to operate during the lockdown period;
Whether orders or decrees for eviction, dispossession, or demolition should be stayed or remain in abeyance during the lockdown;
How to balance the need for access to justice and protection of litigants, lawyers, and court staff amid restrictions imposed by the COVID-19 outbreak and consequent lockdown;
The extent of the Court's supervisory jurisdiction over subordinate courts and authorities in the context of the pandemic;
The responsibility of government and municipal authorities in refraining from coercive actions that may compel citizens to approach courts during the lockdown.

2. ISSUE-WISE DETAILED ANALYSIS

Modification of Petition Filing and Affirmation Procedures

The Court considered requests from senior advocates to modify the procedural requirements for filing and affirming petitions, particularly Public Interest Litigations, to dispense with the personal presence of petitioners for signing and affirming petitions. This was urged in light of the risk posed by COVID-19 and the lockdown restrictions.

Relevant legal framework includes the procedural rules governing filing and affirmation of petitions, which traditionally require physical presence and personal affirmation to ensure authenticity and accountability. The Court noted that e-filing facilities were already available and that no procedural objections were currently being raised by the Registry for matters presented without affidavits or court fees.

The Court's reasoning recognized the exceptional circumstances created by the pandemic and the lockdown, which made physical presence impractical and unsafe. It acknowledged that the existing e-filing system and video conferencing facilities already in place since about a week prior were adequate to maintain judicial functioning while safeguarding health.

The Court thus implicitly endorsed the modification of modalities to allow for electronic affirmation and filing, subject to appropriate undertakings, balancing the need for procedural integrity with public health concerns.

Use of Video Conferencing for Hearings

The Court addressed the issue of conducting hearings through video conferencing. It noted that arrangements for video conferencing had been made and were operational for about a week. The Court emphasized the importance of continuing hearings regularly through this mode to ensure safety and protection of all stakeholders involved in judicial processes.

This approach aligns with the principles of access to justice and procedural fairness, adapted to the constraints imposed by the lockdown. The Court's acceptance of video conferencing as a legitimate mode of hearing reflects a pragmatic and technology-friendly interpretation of procedural rules in extraordinary times.

Continuation of Interim Orders During Lockdown

A significant issue was whether interim orders passed by courts, tribunals, and authorities should continue to operate during the lockdown period. The Court observed that normal court functioning was not possible due to staff unavailability and transport shutdowns, making it difficult for litigants and lawyers to approach courts physically.

In this context, the Court ordered that all interim orders operating as of the date of the judgment and not already extended by other courts or authorities shall continue to remain in force until 30.04.2020. This includes interim orders passed by the High Court at Mumbai, Aurangabad, Nagpur, Panaji, and all subordinate courts and tribunals under its superintendence.

The Court clarified that interim orders granted for an indefinite duration, i.e., until further orders, remain unaffected by this directive. The Court also granted liberty to parties to move for vacation of such interim orders only in extreme urgent cases, thereby balancing the need to maintain judicial stability with the possibility of addressing urgent grievances.

This reasoning reflects the Court's intent to preserve the status quo and prevent disruption or prejudice to parties during the lockdown, recognizing the practical difficulties in litigating and enforcing orders during this period.

Abeyance of Eviction, Dispossession, and Demolition Orders

The Court specifically addressed orders or decrees for eviction, dispossession, or demolition that had already been passed by any court, tribunal, or authority. It held that such orders shall remain in abeyance until 30.04.2020.

This measure aims to protect vulnerable persons, particularly the poor and marginalized, from coercive displacement during the health crisis and lockdown. It also aligns with the Court's expressed concern for prioritizing grievances of the poor and marginalized with sensitivity for effective redressal.

The Court's directive effectively imposes a temporary moratorium on enforcement of such orders, reflecting a humanitarian and equitable approach consistent with constitutional values and public interest during an unprecedented emergency.

Role of Government and Municipal Authorities

The Court expressed hope that government, municipal authorities, and other instrumentalities would exercise restraint and be slow in taking coercive steps that would compel citizens to approach courts during the lockdown period.

This pronouncement underscores the Court's expectation that executive agencies act with sensitivity and responsibility, thereby reducing the burden on courts and protecting citizens from undue hardship amid the pandemic.

It reflects the principle of comity and cooperation between the judiciary and executive branches, emphasizing the need for balanced governance in crisis situations.

3. SIGNIFICANT HOLDINGS

"As the lock down is now declared till 14.04.2020, normal working of this court at least till then is not possible... all interim orders passed by this High Court... as also all courts/ Tribunal and authorities subordinate over which it has power of superintendence expiring before 30.04.2020, shall continue to operate till then."

"Orders or decree for eviction, dispossession, demolition already passed by any court/Tribunal/Authority shall also remain in abeyance till then."

"The modalities of affirming Petitions are modified to dispense with the personal presence of the Petitioner to sign and affirm the Petition particularly in Public Interest Litigation on appropriate undertakings."

"The

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