COVID-19 lockdown protection extended interim relief, bail, parole, and restraint on coercive enforcement actions.

The Orissa HC used its constitutional and inherent powers during the COVID-19 lockdown to issue temporary protective directions so litigants would not suffer prejudice from restricted access to courts. It extended subsisting interim orders and compliance periods, continued limited-duration interim bail and parole protections, advised restraint in arrest for cognizable offences punishable up to seven years unless necessary for law and order, and restrained eviction, demolition and auction actions for the stated period. The Court also preserved the right of affected parties to seek modification before the competent forum in appropriate cases.

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Issues: Whether, in view of the COVID-19 lockdown and the resulting disruption in access to courts, the Court could invoke its constitutional and inherent powers to extend subsisting interim orders, protect litigants from prejudice, and issue ancillary directions affecting compliance periods, interim bail, parole, arrest, eviction, demolition and auction actions.

Analysis: The Court treated the pandemic as an extraordinary situation affecting the functioning of courts, litigants and enforcement agencies across the State. Relying on its plenary and supervisory jurisdiction under Articles 226 and 227 of the Constitution of India, and its inherent and ancillary powers under the Code of Criminal Procedure and the Code of Civil Procedure, it framed temporary protective measures to prevent hardship caused by the lockdown. The directions extended subsisting interim orders and compliance periods, continued interim bail and parole protections for limited-duration orders, advised restraint in arrest for cognizable offences punishable up to seven years unless necessary for law and order, and restrained eviction, demolition and auction measures for the stated period, while preserving the liberty of affected parties to seek modification before the competent forum in appropriate cases.

Conclusion: The Court upheld and issued temporary lockdown-related protective directions in exercise of its constitutional and inherent powers, thereby granting substantive relief to the affected litigants and citizens.

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