In Re: Functioning of Courts in Bihar during the period of COVID-19, PANDEMIC (Corona Virus) v. State of Bihar
2021-03-26
ASHWANI KUMAR SINGH, SANJAY KAROL, SHIVAJI PANDEY
body2021
DigiLaw.ai
JUDGMENT : SANJAY KAROL, J. 1. This is in continuation of our earlier orders dated 30.04.2020; 18.05.2020; 03.06.2020; 19.06.2020; 09.07.2020; 12.08.2020; 02.09.2020; 23.09.2020; 29.09.2020; 30.09.2020, 01.10.2020 and 19.10.2020 passed in the instant petition. 2. We have heard Mr. Lalit Kishore, learned Advocate General, Bihar-cum-Chairman, Bihar State Bar Council; Dr. K.N.Singh, learned Additional Solicitor General of India (Patna); Mr. Yogesh Chandra Verma and Mr. Shailendra Kumar Singh, President and General Secretary, Advocates' Association; Mr. Ajay Kumar Thakur and Mr. Rajeev Kumar Singh, President and General Secretary, Lawyers' Association; and Mr. Sanjay Singh and Mr. Mukesh Kant, President and General Secretary, Bar Association of this Court. 3. Much progress has taken place since the passing of our last order dated 19th October, 2020. The Court has evolved and made operational effective and efficient systems for filing, listing, and hearing of matters, which have yielded fruitful results. 4. A data of the institution, hearing and disposal of cases for the period March 2020 to March 2021, as supplied by the Registry, depicting the monthly position, is extracted hereinunder:- Details of Filing, Hearing and Disposal by the Patna High Court during lock-down period Institution Hearing Disposal E-Filing Physical Filing E-Hearing Physical Filing E-Disposal Physical Disposal Civil Criminal Civil Criminal Civil Criminal Civil Criminal Civil Criminal Civil Criminal Mar-20 98 1 Apr-20 30 15 33 42 8 16 May-20 532 551 606 2373 171 1341 Jun-20 933 1960 3145 10602 1089 5938 Jul-20 229 923 2199 5376 1331 2762 Aug-20 205 1047 1432 2751 400 1211 Sep-20 958 2778 2784 6343 818 3186 Oct-20 542 3807 1262 4599 394 2395 Nov-20 138 2905 1630 4760 426 2525 Dec-20 2525 9230 2104 6000 824 3316 Jan-21 3713 9965 583 371 2293 6113 692 3511 Feb-21 3015 6431 569 1079 2602 7053 907 3884 Mar-21 1944 6926 904 1010 3035 7454 1031 4242 Total 14764 46636 2056 2460 15204 42846 7930 20620 5461 22690 2630 11637 Sub Total 61400 4516 58050 28550 28151 14267 Grand Total 65916 86600 42418 5. Since 4th January 2021, all Benches of this Court have started regularly sitting in their respective Court Rooms and heard matters by way of a physical mode, with the observance of all precautions and prescribed norms of Standard of Procedure (SOP), notified from time to time.
Since 4th January 2021, all Benches of this Court have started regularly sitting in their respective Court Rooms and heard matters by way of a physical mode, with the observance of all precautions and prescribed norms of Standard of Procedure (SOP), notified from time to time. As of date, accounting for the interest of all the stakeholders, including the aged members of the Bar, Court has put in place a hybrid model for hearing of cases. In the first session, i.e. before lunch, all Judges are sitting in their respective Court Rooms and hearing the cases, with the lawyers appearing personally, whereinafter, in the second session, i.e. the post-lunch cases are taken through virtual mode. Even this model has yielded a great result. 6. The data indicating institution, hearing and disposal of matters from 1st January 2021 to 25th March 2021, as provided by the Registry, is extracted hereinunder:- Detail of Institution, Hearing and Disposal As on 26-03-2021 11:03:14 AM The High Court of judicature at patna Detail of Institution, Hearing and Disposal (Date From 01-01-2021 To 25-03-2021) Institution Hearing Disposal E-Filing Physical Filing Civil Criminal Civil Criminal Civil Criminal Civil Criminal 8672 23322 2056 2460 7930 20620 2630 11637 Total 31994 4516 28550 14267 Grand Total 36510 28550 14267 7. It would be worth mentioning that since March 2020, the system of E-Mentioning for taking the matters has worked well. 8. The data supplied by the Registry indicating the number of Mention Slips filed and dealt for the last one year is extracted hereinunder:- Mention Slips filed through e-mentioning.phc-bih@gov.in From 27.05.2020 to 24.03.2021 Mention Slips filed through e-mentioning.phc-bih@gov.in From 27.05.2020 to 24.03.2021 Sl. No. Month No. of Mention Slips filed No. of Mention Slips Allowed 1 May-2020 487 348 2 Jun-2020 8473 6450 3 Jul-2020 3329 2842 4 Aug-2020 7886 1588 5 Sep-2020 16476 2262 6 Oct-2020 8340 767 7 Nov-2020 5006 876 8 Dec-2020 4893 959 9 Jan-2021 4230 1168 10 Feb-2021 4545 1027 11 Mar-2021 6914 2921 Total 70579 21208 9. It is a matter of record that the Hon’ble Apex Court while disposing of the Suo Motu Writ Petition (Civil) No.3 of 2020, titled as In Re: Cognizance for Extension of Limitation, on 8th March 2021, has issued directions which stand circulated in the daily cause-list of this Court.
It is a matter of record that the Hon’ble Apex Court while disposing of the Suo Motu Writ Petition (Civil) No.3 of 2020, titled as In Re: Cognizance for Extension of Limitation, on 8th March 2021, has issued directions which stand circulated in the daily cause-list of this Court. For ready reference, the order dated 8th March 2021, in its entirety, is reproduced hereinunder:- “O R D E R 1. Due to the onset of COVID-19 pandemic, this Court took suo moto cognizance of the situation arising from difficulties that might be faced by the litigants across the country in filing petitions/applications/suits/appeals/all other proceedings within the period of limitation prescribed under the general law of limitation or under any special laws (both Central or State). By an order dated 27.03.2020 this Court extended the period of limitation prescribed under the general law or special laws whether compoundable or not with effect from 15.03.2020 till further orders. The order dated 15.03.2020 was extended from time to time. Though we have not seen the end of the pandemic, there is considerable improvement. The lockdown has been lifted and the country is returning to normalcy. Almost all the Courts and Tribunals are functioning either physically or by virtual mode. We are of the opinion that the order dated 15.03.2020 has served its purpose, and in view of the changing scenario relating to the pandemic, the extension of limitation should come to an end. 2. We have considered the suggestions of the learned Attorney General for India regarding the future course of action. We deem it appropriate to issue the following directions:- 1. In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 14.03.2021 shall stand excluded. Consequently, the balance period of limitation remaining as on 15.03.2020, if any, shall become available with effect from 15.03.2021. 2. In cases where the limitation would have expired during the period between 15.03.2020 till 14.03.2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 15.03.2021. In the event the actual balance period of limitation remaining, with effect from 15.03.2021, is greater than 90 days, that longer period shall apply. 3.
In cases where the limitation would have expired during the period between 15.03.2020 till 14.03.2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 15.03.2021. In the event the actual balance period of limitation remaining, with effect from 15.03.2021, is greater than 90 days, that longer period shall apply. 3. The period from 15.03.2020 till 14.03.2021 shall also stand excluded in computing the periods prescribed under Sections 23 (4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and any other laws, which prescribe period(s) of limitation for instituting proceedings, outer limits (within which the Court or tribunal can condone delay) and termination of proceedings. 4. The Government of India shall amend the guidelines for containment zones, to state. “Regulated movement will be allowed for medical emergencies, provision of essential goods and services, and other necessary functions, such as, time bound applications, including for legal purposes, and educational and job-related requirements.” 3. The Suo Motu Writ Petition is disposed of accordingly.” 10. Given the same, all directions issued in the instant petition, dealing with limitation, would automatically stand modified. All other issues are left open to be considered and dealt with on the administrative side. 11. The Bar has been fully appreciative of the endeavors and the systems put in place, as is evident from its various communications as also affidavit dated 19.10.2020 filed by the learned counsel appearing in the matter. 12. The Court places on record, with appreciation, the efforts put in by all the stakeholders engaged in the dispensation and administration of justice. 13. Petition stands disposed of in the terms mentioned above with liberty to revive, should the need so arises.