KHURSHID AHMAD ZARGAR Vs. STATE OF J&K

JUDGEMENT

(1.) CM No. 6062/2020. : The present application is filed seeking dispensation of requirement of filing court fee at present with the file in view of the Covid-19. For the reasons stated in the application, the same is allowed and petitioner is directed to annex the requisite court fee with the petition within a period of one week after lifting the restrictions of Covid-19 by the Government. CM disposed of.

(2.) This is an application filed by the petitioner, seeking extension of order dated 07.08.2018, passed by this Court. It is submitted that despite the fact that the order dated 07.08.2018, is still in operation and has neither been varied nor vacated by this Court, yet the respondents relying upon the Government order No. 07-JK (LD) of 2020 dated 25th November 2020, are taking interim directions passed by this Court as deemed to have been vacated on the expiry of six months of its issuance. It is urged that the respondents have misinterpreted the judgment of the Supreme Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd v. Central Bureau of Investigation, decided on 28th March 2018.

(3.) Having heard learned counsel for the applicant and perused the documents, particularly, the circular, issued by the Department of Law, Justice and Parliamentary Affairs on 25th November 2020, I am of the prima-facie view that the judgments of the Supreme Court, relied by the Department of Justice and Parliamentary Affairs for issuance of circular (supra) do not provide that all interim orders, passed by the High Court will come to an end after the expiry of six months of their issuance unless they are extended by the Court by a reasoned order.