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Judgment
The matter is taken up through video conferencing.
Heard Mr. U.K. Nair, learned senior counsel for the Gauhati High Court. Also heard Mr. R.K.D. Choudhury, learned Assistant Solicitor General of
India; Mr. D. Saikia, learned Advocate General, Assam; Mr. N. Dutta, learned Advocate General, Arunachal Pradesh; Mr. D. Das, learned
Advocate General, Mizoram; Mr. K. Sema, learned Additional Advocate General, Nagaland as well as Mr. J. Payeng, learned counsel representing
the Gauhati High Court Bar Association.
As we have been informed at the Bar today that the respective Benches at Kohima and Aizawl have already taken up the matter regarding the
measures to be taken in the prevailing situation of COVID-19 pandemic, which is in its second wave, and these matters are presently pending, we,
therefore, will not deal with these matters so far as they relate to the States of Nagaland and Mizoram. At the same time, since there is no such
matter pending before the Itanagar Permanent Bench, we shall continue to take up this matter as far as it relates to Arunachal Pradesh.
Mr. N. Dutta, learned Advocate General, Arunachal Pradesh has also apprised this Court about the measures being taken by the Government to
arrest the spread of COVID-19 in the State. A district-wise breakup of the situation in each district has also been given.
Our order dated 10.05.2021 so far as it relates to the Benches at Kohima, Aizawl and Itanagar shall continue to operate. It shall continue to operate
for all the District Courts in Assam as well.
At the same time, since all matters are being taken up on daily basis by all respective Benches of the Principal Seat of this Court, though virtually, and
presently there is no complaint from any quarter as to the access before the Courts here in the Gauhati High Court, our order dated 10.05.2021 so far
it relates to cases before Gauhati High Court (except to the jurisdiction of the outlying Benches at Kohima, Aizawl and Itanagar), will stand vacated
on 23.08.2021, subject to any further orders of this Court in the present PIL. As such, while vacating the order dated 10.05.2021 we have given
sufficient time to the parties/ litigants, to file interlocutory application(s) for extension/ modification etc. of their interim order(s), which shall then be
dealt with on case to case basis on its merits, by the Courts concerned.
List on 9th August, 2021.