H.S. Thangkhiew, J.:— Matter taken up via Video Conferencing.
2. By order dated 03.11.2020, this Court had further extended order dated 27.03.2020 till today i.e. the 16.11.2020. Today, Mr. S.P. Mahanta, learned Senior counsel and President of Meghalaya High Court Bar Association along with Ms. T. Yangi, learned counsel have prayed that perhaps it would be in the interest of justice if the order dated 27.03.2020 be further extended. Mr. A. Kumar, learned Advocate General however, submits that with the commencement of limited physical hearing along with virtual hearing, perhaps there is no longer a necessity for continuance of the order dated 27.03.2020.
3. Having heard the learned counsels for the parties, it is noted that with the changed situation and the re-commencement of physical proceedings as well as regular listing and hearing of matters in all Courts, it would be expedient in the interest of justice so as not to cause prejudice to any party involved in litigation if the order dated 27.03.2020 be modified. The relevant part of the order dated 27.03.2020 is reproduced herein below for the sake of convenience.
“4. Accordingly, in exercise of the powers under Articles 226 and 227 of the Constitution of India read with sections 482 and 483 of the Code of Criminal Procedure, 1973, keeping in view the extraordinary situation which has arisen in this regard, it appears appropriate to undertake extraordinary measures by way of issuing certain directions in order to ensure the smooth administration of justice and prevent any miscarriage of justice.
5. All interim orders/directions, including any order requiring compliance by the parties to such proceedings, passed by the High Court of Meghalaya, including all the subordinate Courts, District Council Courts and all other Tribunals in the State, over which this Court has power of superintendence, that were subsisting as on 20th March, 2020, may stand extended till 30th April 2020, unless vacated or modified earlier or until further orders of the Court, unless specifically dealt with by any judicial order to the contrary. We, however, make it clear that those interim orders/directions which are not of a limited duration and are to operate until further orders will remain unaffected.
6. All orders passed by the Courts exercising criminal jurisdiction having granted bail or anticipatory bail, parole etc., for a limited period which are likely to expire on or before 30th April, 2020, shall stand extended till 30th April, 2020 subject to any orders passed by the said forums even before the said expiry date or, thereafter, to enable the respective Courts to deal with any abuse of the orders of the concerned party.
8. That if the Government of Meghalaya and/or any of its departments and/or functionaries, Central Government and/or its departments or functionaries or any public sector undertaking or any public or private company or any firm or any individual or person is/are, by order of this Court or any Court subordinate to it or any District Council Court, required to do a particular thing or carry out certain direction in a particular manner in a time frame which is going to expire at any time before 14th April 2020, such time shall stand extended upto 30th April 2020.”
4. Accordingly, it is ordered that in consideration thereof, all interim orders/directions passed by this Court as well as the Courts subordinate to it, Tribunals and District Council Courts that have been subsisting as on 20.03.2020, and extended from time to time till 16.11.2020, shall cease to have effect on the next date of hearing fixed in these matters in their respective Courts. However, it is provided that the parties are at liberty to apply before the concerned Courts for further extension of the said interim orders, which shall be then considered by the said Courts on merits.
5. The aforesaid directions may be subject to any orders to the contrary having been passed by the Hon'ble Supreme Court in any particular matter.
6. List this matter after 6(six) weeks for further orders.