High Court's Response to Pandemic Impact on Functioning: Emphasis on Justice Amidst Challenges

The High Court of Calcutta addressed the impact of the Coronavirus pandemic on its functioning, considering guidelines issued by the Registrar General and a Bar Council resolution. In a writ petition against Income Tax Authorities for seized jewellery, the Court, noting the absence of representation due to the Bar Council resolution, decided not to issue a mandamus but requested Authorities to withhold distribution temporarily. The Court emphasized the importance of justice amidst the pandemic, directing a review of the petitioner's representation and scheduling further proceedings, highlighting the need for cooperation and understanding in these challenging times.

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Issues:
1. Impact of Coronavirus pandemic on the functioning of the High Court.
2. Guidelines issued by the Registrar General in response to the pandemic.
3. Decision of the Bar Council of West Bengal regarding participation in judicial proceedings.
4. Writ petition seeking a mandamus against the Income Tax Authorities for seized jewellery.
5. Absence of representation from respondent authorities due to Bar Council resolution.
6. Decision of the Court regarding the writ petition in light of the pandemic situation.

Analysis:
The judgment delivered by the High Court of Calcutta addresses the impact of the Coronavirus pandemic on the functioning of the Court. The Registrar General issued guidelines on March 15, 2020, which included a direction not to pass adverse orders in case of party absence. Additionally, the Bar Council of West Bengal decided on March 16, 2020, that its members should not participate in judicial proceedings. These measures were taken to ensure the safety and well-being of all involved in the legal process.

Regarding a specific writ petition seeking a mandamus against the Income Tax Authorities for the distribution of seized jewellery, the Court noted the absence of representation from the respondent authorities due to the Bar Council resolution. Despite this, the Court considered the extraordinary circumstances of the pandemic and decided not to issue the writ of mandamus against the Income Tax Authorities. Instead, the Court requested the Authorities to refrain from distributing the jewellery for a limited period, emphasizing the importance of justice and the current calamitous situation.

In light of the above considerations, the Court directed the Authorities to review the petitioner's representation and withhold the release of the jewellery to the private respondents temporarily. The matter was scheduled to be taken up on March 25, 2020, under the heading 'Motion.' The petitioner was instructed to serve copies of the order to all respondents within 24 hours, and a plain copy of the order was to be provided to the petitioner by the Assistant Registrar (Court) upon undertaking.

This judgment reflects the Court's balancing act between upholding legal proceedings and ensuring public safety during the pandemic, emphasizing the need for cooperation and understanding in these challenging times.

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