IN REFERENCE ( SUO MOTU ) Vs. UNION OF INDIA

JUDGEMENT

(1.) We have initiated this suo motu proceeding in an extraordinary situation on account of surge in Coronavirus cases in the State following the onset of second Covid wave, as a result of which, the residents of Madhya Pradesh are facing acute crisis. The State Government has imposed lockdown/corona curfew in almost all major cities of the State, mostly starting from 10.04.2021 ending on different dates, at most of the places either on 26.04.2021 or on 30.04.2021. Considering the spike in Coronavirus cases, situation is not likely to be normal in next few weeks. Resumption of normal work by the Courts in the State is likely to take some time.

(2.) A large number of Coronavirus positive cases are being reported from different parts of the State including bigger cities like Bhopal, Indore, Jabalpur, Gwalior and Ujjain. In fact, Corona has engulfed substantial part of the State and has made inroads even into rural areas. Although we do not want to disclose the exact numbers collated by the Registry of this Court but suffice it to say that a large number of stakeholders including the Judicial Officers, employees of the Courts and the Advocates have been found positive for Coronavirus in almost all the districts of the State and unfortunately, some of them have even succumbed to this deadly disease. Owing to this situation, the functioning of the Courts everywhere has been affected adversely. More or less, all the District and Sub-ordinate Courts are working in a restricted manner and taking up only extremely urgent nature of cases by deputing small number of officers by rotation through virtual mode. In certain places, where Coronavirus cases were relatively lesser in number, the work was being carried out hitherto through hybrid mode both by physical appearance as well as virtual appearance but working of the Courts even at such places has been affected adversely and only extremely urgent nature of cases are being taken up by deputing limited number of officers. The State Government in the recent order issued on 20.4.2021 required all the Government offices to function with only 10% staff members up to 30.4.2021, however with the exception of offices pertaining to essential services. The offices of the Courts have not been kept out of purview of the aforesaid restriction. Now therefore in view of recent order issued by the Government on 20.4.2021, the District and Sub- ordinate Courts at other places of the State are also shifting to virtual mode.

(3.) It would be evident from above narration that the Courts throughout the State are not able to function effectively in a regular manner. Even the High Court, Principal Seat at Jabalpur, Bench at Indore and also Bench at Gwalior had to suspend the normal functioning following lockdown imposed by the Government with effect from 10.4.2021. It may take some more time for the High Court as well as District and Sub-ordinate Courts, Labour Courts and Family Courts in the State to resume normal functioning due to the ongoing unprecedented crisis. This has given rise to a situation where most of the litigants are not in a position to approach the Courts.