No eviction, no demolition, no divorce for a month: Allahabad HC

No eviction, no demolition, no divorce for a month: Allahabad HC

The order will ease out anti-CAA activists who were on verge of dispossession of properties but NSA accused who are set to release in this period will carry the blot, say legal experts

Kanchan SrivastavaUpdated: Friday, March 27, 2020, 02:47 AM IST
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Allahabad HC |

Lucknow: Taking suo motu cognizance of the Corona pandemic, the Allahabad HC on Thursday ruled all interim orders passed by HC and its Lucknow bench which have been expired on March 19 or due to expire in the next month, will continue to operate till April 26.

The verdict includes family courts, district, civil, labour courts and all tribunals. The decision will impact divorce and child custody cases as well.

“All interim orders, including the bail orders and anticipatory bails, which are likely to expire in this period (March 19 to April 14) have been extended for a month.

The orders of eviction, dispossession or demolition passed by any courts will not be executed for a month”, said the chief justice of the Allahabad High Court Govind Mathur and Justice Samir Gopal in their order passed at residence.

The HC and all other courts have been shut since 19 March. While the lockdown is up to 14 April only, the HC order extending all orders up to 26 April will allow a breathing period to all courts when they will reopen, say sources.

The order, which has been uploaded on the court’s website and shared with the respected courts, will ease out a large number of anti-CAA activists who are out on bail and are on the verge of losing their property following as they have been accused of riots during the protests.

The judges clarified the decision has been taken to ensure citizens are not deprived of right to approach the courts exercising HC power under Articles 226 and 227 of the constitution.

The people booked under national security Act (NSA), who were on the verge of completion of one-year detention term, will have no other option but to carry the blot forever, say legal experts.Senior advocate SFA Naqvi says,

“The NSA undertrials, whose one-year detention will end during this period with writ petitions pending for hearing, will be released from the jail. But they will carry the blot forever as their cases are never quashed.”

Lucknow: Taking suo motu cognizance of the Corona pandemic, the Allahabad HC on Thursday ruled all interim orders passed by HC and its Lucknow bench which have been expired on March 19 or due to expire in the next month, will continue to operate till April 26. The verdict includes family courts, district, civil, labour courts and all tribunals.

The decision will impact divorce and child custody cases as well.“All interim orders, including the bail orders and anticipatory bails, which are likely to expire in this period (March 19 to April 14) have been extended for a month.

The orders of eviction, dispossession or demolition passed by any courts will not be executed for a month”, said the chief justice of the Allahabad High Court Govind Mathur and Justice Samir Gopal in their order passed at residence.

The HC and all other courts have been shut since 19 March. While the lockdown is up to 14 April only, the HC order extending all orders up to 26 April will allow a breathing period to all courts when they will reopen, say sources.

The order, which has been uploaded on the court’s website and shared with the respected courts, will ease out a large number of anti-CAA activists who are out on bail and are on the verge of losing their property following as they have been accused of riots during the protests.

The judges clarified the decision has been taken to ensure citizens are not deprived of right to approach the courts exercising HC power under Articles 226 and 227 of the constitution.

The people booked under national security Act (NSA), who were on the verge of completion of one-year detention term, will have no other option but to carry the blot forever, say legal experts.

Senior advocate SFA Naqvi says, “The NSA undertrials, whose one-year detention will end during this period with writ petitions pending for hearing, will be released from the jail. But they will carry the blot forever as their cases are never quashed.”

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