TaxTMI 
TaxTMI 
2020 (3) TMI 1305
X X X X Extracts X X X X
X X X X Extracts X X X X
....ith Thampan, learned Additional Advocate General, Kerala, Shri Suman Chakravarthy, learned Senior Public Prosecutor representing the State, Shri P. Vijayakumar, learned Assistant Solicitor General, representing the Government of India and Public Sector Undertakings owned and controlled by the Government of India, and Shri V. Manu, Senior Government Pleader were present. On behalf of the Kerala High Court Advocates' Association, its President Shri R. Lakshmi Narayan was also present. 4. We are informed that the High Court as well as the Courts in the District Judiciary and Tribunals have granted interim orders for a limited period and inasmuch as the litigants, their respective counsel, will not be in a position to approach the Courts/Tribunals for filing an application for extension, during this total lock down period of 21 days, necessary orders have to be issued, so as to enable the litigants not to suffer on account of their inability to approach the Courts in the Districts/Tribunals, as the case may be. Therefore, in exercise of the powers conferred under Articles 226 and 227 of the Constitution of India, all the interim orders passed by all the Courts/Tribunals upon whi....
X X X X Extracts X X X X
X X X X Extracts X X X X
....y the Government of India through learned Solicitor General, before us, that the Government is fully conscious of the prevailing situation and would itself evolve a proper mechanism to assuage concerns and hardships of every one." 9. The learned Assistant Solicitor General of India submitted that the order of the Hon'ble Supreme Court dated 20.03.2020 would implicitly be adhered to by Government of India and above-said Public Sector Undertakings. 10. Taking note of the submission of the Government of India before the Hon'ble Supreme Court that a proper mechanism will be evolved, in exercise of the powers under Articles 226 and 227 of the Constitution of India, we also deem it fit to state that until such time, we hope that no action would be taken. 11. In so far as Criminal matters are concerned, we are also informed by Shri Suman Chakravarthy, learned Senior Public Prosecutor that High Court/Sessions Courts would have granted anticipatory bail for a limited period, which may expire during this lock down period, and inasmuch as the High Court/Sessions Courts are not functioning, orders have to be issued by the High Court in exercise of the powers conferred under Ar....
X X X X Extracts X X X X
X X X X Extracts X X X X
....o account the directions contained in para no.11 in Arnesh Kumar V. State of Bihar, (2014) 8 SCC 273." 14. Apart from the above, Shri Suman Chakravarthy, learned Senior Public Prosecutor submitted that, Government of Kerala have already constituted a High Powered Committee comprising of (1) Executive Chairman of the State Legal Services Authority; (2) the Principal Secretary (Home/Prisons) as the case may be; (3) Director General of Prisons to adhere to the directions issued by the Hon'ble Supreme Court in Suo Motu Writ Petition (C) No.1/2020. 15. While passing orders in the Suo Motu Writ Petition, the Hon'ble Supreme Court has made it clear that, State/Union Territories could consider release of persons who are convicted or undertrial, for offences for which prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted for a lesser number of years than the maximum. 16. The Hon'ble Apex Court has also made it clear that, it is open to the High Powered Committee to determine the category of prisoners who should be released as aforesaid, depending upon the nature of offence, the number of years to which he or she has bee....
X X X X Extracts X X X X
X X X X Extracts X X X X
....forward such recommendation to Govt. 2) Physical presence of all the undertrial prisoners before the Courts shall be stopped forthwith and recourse to video conferencing for all purposes. 3) The transfer of prisoners from one prison to another for routine reasons must not be resorted except for decongestion to ensure social distancing and medical assistance to an ill prisoner. Also, there should not be any delay in shifting sick person to a Nodal Medical Institution in case of any possibility of infection is seen. 3) The Director General of Prisons & Correctional Services shall develop Prison specific readiness and response plans in consultation with medical experts. "Interim guidance on Scaling-up Covid-19 Out break in Readiness and Response Operations in camps and camp like settings" jointly developed by the International Federation of Red Cross and Red Crescent (IFRC), International Organisation for Migration(IOM), United Nations High Commissioner for Refugees (UNHCR) and World Health Organisation (WHO), published by InterAgency Standing Committee of United Nations on 17 March, 2020 may be taken into consideration for similar circumstances. 4)....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rned Additional Advocate General submitted that, in view of the National lock down for 21 days declared by the Hon'ble Prime Minister, and the difficulties expressed by the staff and Law officers attached to the Office of the Advocate General, they may not be able to attend the office or Courts. It is the further submission that it is not possible to get instructions from the officers concerned, and therefore, the learned Additional Advocate General, by letter dated 25.03.2020, has requested the Registrar General, High Court of Kerala that all the proceedings have to be postponed. 22. Representing the Advocates, Shri R. Lakshmi Narayan, President of the Kerala High Court Advocates' Association reiterated that, same difficulty and hardship is faced by the staff attached to the learned counsel, litigants, and having regard to the right of personal liberty guaranteed under Article 21 of the Constitution of India, a general order, as regards anticipatory bail applications, is required to be passed. 23. Therefore, taking note of the above said situation, we are of the firm view that, right of personal liberty guaranteed under Article 21 of the Constitution of India should ....