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Meghalaya High Court has extended the interim relief that it has granted in all the cases to April 30, due to Pandemic Coronavirus outbreak and subsequent nationwide lockdown.

On Friday, Court said there may have been cases in the High Court, as well as in the subordinate Courts, District Council Courts, and Tribunals, with limited interim orders operating as on 20th March, 2020. There is every likelihood that some of these interim orders, that were not made until further orders, may be expiring on 20th March, 2020, or even, thereafter, being limited in nature. That may stand extended till 30th April 2020, said the bench of Justices W. Diengdoh and H.S Thangkhiew.  

this court is constituted with a view of ensuring that litigants should not suffer on account of their inability to approach the Courts of law, and are not deprived of the benefits of the interim orders granted by the High Court, subordinate Courts, District Council Courts or the tribunals, as the case may be”, said the Court.

The bench therefore passed following directions to ensure the smooth administration of justice:

  • All interim orders/directions, including any order requiring compliance by the parties to such proceedings, passed by the High Court of Meghalaya, including all the subordinate Courts, District Council Courts and all other Tribunals in the State, over which this Court has power of superintendence, that were subsisting as on 20th March, 2020, may stand extended till 30th April 2020, unless vacated or modified earlier or until further orders of the Court, unless specifically dealt with by any judicial order to the contrary. We, however, make it clear that those interim orders/ directions which are not of a limited duration and are to operate until further orders will remain unaffected
  • All orders passed by the Courts exercising criminal jurisdiction having granted bail or anticipatory bail, parole etc., for a limited period which are likely to expire on or before 30th April, 2020, shall stand extended till 30th April, 2020 subject to any orders passed by the said forums even before the said expiry date or, thereafter, to enable the respective Courts to deal with any abuse of the orders of the concerned party.
  • The aforesaid directions may be subject to any orders to the contrary having been passed by the Hon’ble Supreme Court of India in any particular matter.
  • That if the Government of Meghalaya and/ or any of its departments and/ or functionaries, Central Government and/ or its departments or functionaries or any public sector undertaking or any public or private company or any firm or any individual or person is/ are, by order of this Court or any Court subordinate to it or any District Council Court, required to do a particular thing or carry out certain direction in a particular manner in a time frame which is going to expire at any time before 14th April 2020, such time shall stand extended upto 30 th April 2020.

The order also clarified that in case the extension of the interim orders causes undue hardship of any extreme nature to any of the parties to such proceedings or a matter of extreme urgency being indicated by the State or its authorities, they would be at liberty to seek appropriate relief as may be advised.

-India Legal Bureau

 

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