Orissa High Court further extends the interim orders that extended the pre-approved bail, parole, evictions, demolition orders, etc. up till 15th January 2021.
The guidelines were issued by the High Court under the powers given to them by Article(s) 226 and 227 of the Constitution of India read with the Section(s) 482 and 483 of Cr.P.C. and 151 C.P.C. to ensure expeditious disposal of cases within the District Courts, Family Courts, Tribunals, Labour Court or any other Judicial or Quasi-Judicial forum or any other subordinate court over which the High Court has superintendence. The High Court extended the filing of Handwritten statements and returns till further orders can be filed if the party wishes to do willingly. The division bench comprising of Chief Justice Mohammad Rafiq and Judge Biswanath Rath also ordered abeyance of all the demolition, eviction, and dispossession orders in civil cases and extension of all the authorized anticipatory bail applications and interim bail applications during the abovementioned period. However, such relaxations in criminal proceedings are subject to the conduct of the accused and an affidavit filed by the defense counsel every 10th day to ensure his presence in the jurisdiction area.
The high court also gave the guideline to the police to consider the necessity of the establishment of law and order before going for arrest under section 41 of Cr.P.C. in the cases of cognizable offenses which are punishable with a jail term up to 7 years. The extension of paroles was also ordered and the government auctions or by banks were also ordered to be delayed till the date 15th January 2021. Though the court gave leverage to all the courts which fall under its jurisdiction to consider the petitions where the above orders cause any hardships to the ones directly or indirectly affected by the orders.
Previously the orders were given to be effective till June which were further extended 3 times and now the 4th time till January 2021 which further added that the further extension of order is subject to the discretion of High Court and considerable to the effect of the pandemic.