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In the suo motu public interest litigation (PIL) on Covid-19 management, the Gauhati High Court has extended the period of temporary bail till May 31 for all accused/undertrials who were out on bail and would have had to surrender between April 19 and June 1. This decision has been taken to break the chain of transmission.
The three-judge Bench of Chief Justice Sudhanshu Dhulia, Justices Kotiswar Singh and Manash Ranjan Pathak said, “We also direct that in all cases where the accused/ convict is on an interim bail, short term bail, or anticipatory bail which expires meanwhile (i.e., before April 19, 2021 to June 1, 2021), he/she may not surrender and his/her bail orders shall be effective till May 31, 2021, with all the other conditions stipulated in the order.”
In view of the pandemic, the Bench also decided that all interim orders of the court and subordinate Tribunals will stand extended till June 1. Further, all orders for eviction, dispossession or demolition will remain suspended “subject to any specific orders which may be passed in a given case”.
The High Court also expressed its grief over the current situation. “Our country and in fact the entire world are facing the worst pandemic in our living memory. The second wave of this pandemic, i.e., Covid-19, has been many times more severe and devastating than the first. It has crippled our daily life. Like many other institutions, the judiciary is also battling with this crisis, and trying new means and methods to keep the Courts functional under these strange and difficult times”, read the order.
In order to decongest prisons, the High Court also revived its suo moto case filed last year in the light of pandemic and has sought details on the number of children in prisons across the state.
On April 29, the bench of Chief Justice Sudhanshu Dhulia and Justice Manash Ranjan Pathak directed the state government to inform the court on the number of jails, the inmates in these jail and number of inmates infected by Covid as also the measures taken by jail authorities in this regard.
The court is also seized with the matter of immunising all prisoners who are allegedly not being vaccinated against Covid-19.
This matter will be heard on May 31.
The order may be read here:
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