Court On Its Own Motion vs State Of Tripura And Ors

This special Bench was constituted to deal with interim orders which are ordered to operate till a particular date. In wake of the threat of spread of Corona virus, High Court of Tripura had issued notifications dated 20th March, 2020, 20th March, 2020 and 24th March, 2020 reducing the Court work and making arrangement for taking up only urgent cases in the High Court and in the subordinate Courts. Subsequently, entire country has been placed under lockdown till 14th April, 2020 by the Central Government.

In number of cases the Courts may have passed interim orders before 20th March, 2020 which would operate till a particular date. If such orders are not extended, the same would automatically stand vacated. This would result into great hardship to the litigants since for want of hearing the interim order would stand automatically vacated. He may also be seek permission to move the concerned Court for extension of interim order, thereby increasing the number of urgent cases which the Courts may have to deal with.

To obviate such difficulties which have arisen on account of unprecedented situation, in this public interest petition(suo Motu) instituted by the High Court, in exercise of powers under Articles 226 and 227 of the Constitution of India and Section 482 of the Cr.P.C, it is provided as under :

(1) All interim orders passed by the High Court, subordinate Courts including Family Courts, and Tribunals functioning in the State under the supervision of the High Court under Article 227 of the Constitution of India which were subsisting on 20th March, 2020 and which were to inure till a particular date, shall automatically stand extended till 30th April, 2020, unless vacated or modified by a judicial order already passed or may be passed hereafter.

(2) All orders passed by the High Court and the subordinate Courts in exercise of criminal jurisdiction granting bail, temporary bail, payrole or interim protection in an anticipatory bail application or any other proceedings for a limited period which were in operation on 20th March, 2020 and which are likely to expire before 30th April, 2020 shall automatically extend up to 30th April, 2020 unless modified or vacated by a judicial order.

(3) If these extensions cause hardship to any party, subject to following the procedure for taking up urgent cases as notified by the high Court, it would be open for such party to press for vacating or modifying such order and it would be open for the concerned Court to examine such request and to dispose it off in accordance with law.

The Registrar General may communicate this order to all District Judges. Since circulation of newspapers in the region has been discontinued, to put all concerned to notice of this order, the Registrar General may circulate this order amongst the electronic media.