PIL for the right to approach court in the time of nationwide lockdown

The Hon’ble Registrar informed the press about a Public Interest Litigation (PIL) no. 564 of 2020 (In Re Versus State of U.P.) that has been instituted by the Hon’ble High Court itself with the view to ensure that citizens are not deprived of their right to approach the Courts of law due to the ongoing nationwide lockdown.

The Hon’ble Court exercising its jurisdiction under Article 226 and 227 of the Constitution of India issued several directions on 26.03.2020 to ensure that the litigants do not suffer on account of their inability to approach the Court of law.

The said PIL was again taken up by the Division Bench comprising Hon. Mr. Justice Govind Mathur, Chief Justice and Hon. Mr. Justice Siddhartha Varma today i.e. 06.04.2020. 

The Hon’ble Court in continuation to it’s earlier order dated 26.03.2020 has further issued certain directions in the said PIL. A copy of the Order dated 06.04.2020 is hereby enclosed with.

This is an UNCERTIFIED copy of the Order for information/reference:

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At Residence
Case :PUBLIC INTEREST LITIGATION (PIL) No. 564 OF 2020
Petitioner :In

re
Respondent :State of U.P.

Counsel for Petitioner :Suo moto
Hon’ble Govind Mathur,Chief Justice Hon’ble Samit Gopal, J.

By the order dated 18th March, 2020, 19th, 20th and 21st March, 2020 were declared as holidays in the High Court of Judicature at Allahabad as well as at Lucknow. The period aforesaid was extended upto 25th March, 2020 on 21st March, 2020. Subsequently, vide order dated 23rd March, 2020, keeping in view of gravity of the situation arising due to outbreak of novel
coronavirus (COVID19), the holidays were extended upto 28th
March, 2020.

An address to the nation was made by the Hon’ble Prime
Minister of India on 24th March, 2020 declaring nationwide
lockdown for a period of 21 days. A consequential order dated 24th
March, 2020 came to be issued by the Ministry of Home Affairs,
Government of India. Considering the same, this Court is held at
the Chief Justice’s Home Office at 10:30 a.m.

As per the address of the Hon’ble Prime Minister and the
order of the Home Ministry dated 24th March 2020, stringent
measures will be implemented from midnight which will make it
difficult for citizens to approach Courts of law and take recourse to
legal remedies.

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

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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. We issue the
following directions:

(i) All interim orders passed by the High Court of Judicature
at Allahabad as well as at Lucknow, 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 have been expired subsequent to 19th
March, 2020 or are due to expire within a period of one month
from today, will continue to operate upto 26th April, 2020. 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 twentyone
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.

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This order be published in the official website of this Court.
A softcopy of this order shall be sent to all concerned Courts and
Tribunals; the learned Advocate General; the learned Additional
Solicitor General of India; the learned Assistant Solicitor General
of India; State Public Prosecutor and the Chairman of Bar Council
of Uttar Pradesh.

Order Date:26.3.2020
Shubham

(Samit Gopal, J.) (Govind Mathur, C.J.)

The above detail is copied from : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do