HC Bench to restrict its functioning

24/03/2020, STAFF REPORTER,MADURAI

Following guidelines issued by the Madras High Court Chief Justice Amreshwar Pratap Sahi, the Madurai Bench of the Madras High Court on Monday notified that the court will restrict it’s functioning from March 24 for three weeks, in the wake of the spread of COVID-19.

The notification said that in view of the emergent situation which has arisen on account of COVID-19 pandemic, it has become imperative for the Madurai Bench to adopt the guidelines issued by the Chief Justice at the Principal seat for the restricted functioning of the Principal seat and the Madurai Bench.

As per the notification, changes have been made to the sitting arrangement. Now, a Division Bench of Justices P.N. Prakash and S.S. Sundar will hear urgent motions and admissions in writ petitions, writ appeals and habeas corpus petitions.

After the Division Bench sitting, Justice P.N. Prakash will hear urgent motions and admissions in criminal original petitions (under section 482 of Cr.PC). Justice S.S. Sundar will hear all single bench appellate side matters.

Justice G. Jayachandran will hear criminal original petitions - bail and anticipatory bail petitions. Justice M. Dhandapani will hear urgent motions and admissions in all single bench writ petitions. Advocates have been requested to limit filing of cases as far as possible as the court will take up only extremely urgent matters, the notification said.

As virus toll rises to nine, States put in place tougher measures

Domestic flights grounded; first fatalities in West Bengal, Himachal Pradesh

24/03/2020, SPECIAL CORRESPONDENT,NEW DELHI

As the death toll from COVID-19 touched nine on Monday, the government announced a slew of measures, including the suspension of all domestic flight operations until the end of March, to slow down the spread of the novel coronavirus.

Thirty States and Union Territories moved to a complete lockdown mode, and governments warned of strict punitive action against those who violate preventive measures.

The number of cases confirmed by the Union Health Ministry rose to 471. Data from the States put the total number of cases at 476, with 443 active cases.

West Bengal and Himachal Pradesh reported their first fatalities.

In view of the continuing spread of the virus, Parliament curtailed its session and adjourned sine die after passing the Finance Bill.

650 aircraft grounded

The Ministry of Civil Aviation ordered the shutting down of all domestic flight operations hours after an announcement was made by Delhi Chief Minister Arvind Kejriwal suspending all incoming flights to the capital.

The new restriction will be effective from Tuesday midnight, a day after the ban on international flights came into effect.

A total of 650 aircraft operated by various Indian airlines will now be grounded across airports. The Centre's move comes after several States, including West Bengal and Bihar, requested a ban on flights.

Kerala and Maharashtra, which are facing the brunt of the crisis, with 95 and 97 cases respectively, announced more sweeping measures.

Following 28 new cases on Monday, Kerala Chief Minister Pinarayi Vijayan said shops, offices and establishments barring essential services will be closed. Camps will be prepared for migrant labourers, who will be provided food and given medical examinations, as economic activities come to a complete halt in the State.

Announcing a State-wide curfew, Maharashtra Chief Minister Uddhav Thackeray said: “People are not listening and they were stepping out as if the virus threat had diminished. However, that is not the case. I am forced to say this because there are still those who have not understood the seriousness of what we face.”

Prime Minister Narendra Modi once again urged people to take the lockdown seriously.

Don’t lay off workers or cut salaries: Ministry

EPFO issues instructions on timely pension payments

24/03/2020, SPECIAL CORRESPONDENT ,NEW DELHI

The Union Labour and Employment Ministry has been reaching out to employers in the public and private sectors, asking them not to lay off workers or cut salaries due to the ongoing lockdown caused by the COVID-19 outbreak.

In letters to the Secretaries of Central Ministries, State Chief Secretaries and employers’ associations sent over a few days up to Monday, the Ministry said employers were asked to “extend their cooperation by not terminating employees” in this “challenging situation”.

The Ministry said if any worker took leave, it should be “deemed to be on duty without any consequential deduction of wages”. The same should apply to those working in an establishment that is ordered to shut down, the letter said.

“The termination of employee from the job or reduction of wages in this scenario would further deepen the crises and will not only weaken the financial condition of the employee but also hamper their morale to fight the epidemic,” the letter stated.

The Ministry tweeted on Monday: “Seeing the Coronavirus pandemic, advisory has been issued by the Labour Ministry to all the employers of public/private establishments to coordinate by not terminating their employees, particularly casual or contractual workers from job or reduce their wages.”

The Employees’ Provident Fund Organisation said in a statement that it had instructed its field offices to generate and reconcile the pension amounts and details for March by Wednesday.

The Finance Ministry announced that contractual labour and outsourced staff working for the Central government would be treated as “on duty” and paid as usual with no penalty.

SC to go digital to maintain social distancing

Only urgent cases to be taken up via video app

24/03/2020, LEGAL CORRESPONDENT,NEW DELHI

The Supreme Court on Monday decided to further restrict its functioning on account of the COVID-19 scare and resort to the digital mode to maintain social distancing and prevent spread of infection. The court premises would be completely shutdown.

In a meeting among judges, lawyers and the government through the Solicitor General held on Monday, it was decided that only extremely urgent cases would be taken up by a Bench(es) through a video app.

The Supreme Court Bench led by Chief Justice of India Sharad A. Bobde used its extraordinary powers under Article 142 to lift the limitation period for all cases across tribunals and courts in the country until further notice.

“To obviate difficulties and to ensure that lawyers/litigants do not have to come physically to file proceedings in respective courts/tribunals across the country, including this court, it is hereby ordered that a period of limitation in all proceedings, irrespective of the limitation prescribed under the general law or special laws, whether condonable or not, shall stand extended with effect from March 15 till further orders,” the apex court said after taking suo motu cognisance.

A Bench led by Chief Justice Bobde heard a few cases via videoconferencing on Monday. A giant screen, instead of the usual crowd of lawyers and litigants, greeted Chief Justice Bobde and his fellow judges as they entered the courtroom. The screen, placed in front of the judges’ dais, was connected to the Old Court Masters’ Room at another end of the Supreme Court premises. This room was fitted with microphones and screens for lawyers to present their cases to the CJI Bench via videoconferencing.

The meeting on Monday was held by Justices L. Nageswara Rao, Surya Kant and Aniruddha Bose and attended by Supreme Court Bar Association president Dushyant Dave and secretary Ashok Arora, Supreme Court Advocates-on-Record Association secretary Joseph Aristotle S. and Solicitor General Tushar Mehta.

A circular issued by the Supreme Court late on Monday explained that the cases would be heard through an app called ‘Vidyo’.

It said a one-page synopsis of these cases can be sent to the apex court registry via an email id - mention.sc@sci.nic.in. The registry would then forward the mail to the judges on the slotted Bench. Once the case is approved for urgent hearing, it would be listed for the next day. The lawyer concerned would be mailed a video link and he or she can use it to present his case via videoconferencing at an allotted time. The link would lapse automatically by default shortly after the hearing.

If the case is not listed for hearing via videoconferencing, the advocate-on-record concerned would be provided with a telephone number by the registry. The lawyer is free to call the judge between 10.30 and 11 a.m. the following day and directly press his case for urgent hearing.

“Based on the progress made in the next few days, cases pertaining to bail also will be considered to be listed subsequently on priority of urgency basis,” Mr. Aristotle said.

All T.N. courts to function

Only urgent cases to be taken up

24/03/2020, MOHAMED IMRANULLAH S.,CHENNAI

The Madras High Court on Monday decided that its principal seat in Chennai, a Bench in Madurai as well as all trial courts across the State will continue to function despite the proposed imposition of prohibitory orders under Section 144 of the Code of Criminal Procedure from 6 p.m. on Tuesday to contain the spread of COVID-19.

The decision was taken by the Administrative Committee, comprising Chief Justice Amreshwar Pratap Sahi and Justices Vineet Kothari, R. Subbiah, M. Sathyanarayanan, N. Kirubakaran, M.M. Sundresh and T.S. Sivagnanam. It was made clear that the proceedings shall be restricted to extremely urgent cases for next three weeks.

According to a circular issued by Registrar General (R-G) C. Kumarappan, the High Court shall function with two Division Benches (one for hearing civil cases and the other for criminal cases) and five Single Benches (three on the criminal side and two on the civil side) from Tuesday, and they would take up cases that require immediate attention.

Appeal to lawyers

A request was made to the lawyers to exercise their discretion and restrict filing of cases as far as possible. They were also asked not to operate from the chambers allotted to them inside the High Court campus and desist from inviting their clients to the court campus unless and otherwise the court concerned had ordered for their appearance in connection with a case. Impressing upon the need for curtailing the presence of the court staff too, the Administrative Committee directed the R-G to take a call on rotating the employees on need basis.

It was ordered that personal secretaries, drivers, residential assistants, office assistants and other personal staff of individual judges should make themselves available. A similar arrangement was ordered in the Madurai Bench too.

As far as the functioning of subordinate courts in the State was concerned, the R-G issued a separate circular stating that they should also confine their functioning to extremely urgent cases. The Principal District Judges and the Chief Judge of Puducherry were instructed to ensure strict compliance.

The Principal District Judges were asked to ensure minimum presence of staff. “All subordinate courts are put on guard that their activities are likely to be viewed and monitored through video conferencing by High Court,” the circular said.

Staff disappointed

Several employees of the High Court expressed disappointment over its decision to continue the functioning of all courts across the State, despite a representation made by Tamil Nadu Advocate Association (TNAA), led by senior counsel S. Prabakaran, to suspend court proceedings until COVID-19 threat abates.

Tamil Nadu announces lockdown

24/03/2020

The Chief Minister said all shops and commercial establishments would remain closed except those selling provisions, milk, vegetables, meat and fish. Pharmacies too were exempt. He said that the Centre had sent out an advisory to combat COVID-19 in many districts of the country. Except essential transport services, public and private transport, omnibuses, autos and taxis would not be allowed to ply. “All transportation, except for essential commute (and transportation of goods), between States and districts has been banned,” he said. There is no bar on the use of personal vehicles.

Mr. Palaniswami said that government offices, other than those dealing with essential services, would not function. The Chief Minister announced that Amma Unavagams would continue to feed thousands of workers.

Delivery services

Only takeaway would be allowed in restaurants but delivery services like Swiggy and Zomato would not operate.

“We hope this notification will help control the spread of COVID-19. Police have been instructed to ensure that prohibitory orders are implemented,” the Chief Secretary told The Hindu.

The Puducherry Cabinet too recommended a lockdown from 9 p.m. on Monday to March 31.

Commuters rush to board buses

MTC buses to be used to ferry long-distance passengers

24/03/2020, SPECIAL CORRESPONDENT ,CHENNAI

As the State gears up for a lockdown from Tuesday, many made a beeline for the Koyambedu terminus. K. Pichumani

As the State government prepares for a lockdown from Tuesday evening, thousands of people are rushing to the Dr. MGR Bus Stand at Koyambedu to return to their native places.

With train services fully cancelled from Sunday until March 31, the only silver lining for the commuters was the bus transport which too will stop from Tuesday evening.

As a result the Koyambedu bus terminus is crowded with anxious commuters wanting to reach their hometown within the State. The sudden surge in commuter population is causing difficulties for the Transport department authorities to operate long distance buses in a short span of time.

S. Janani, who stays in a women’s hostel, found it difficult to catch a direct bus to reach her native place in Pudukottai. She said it took more than an hour for her to board a bus at the Koyambedu bus terminus. She also rued that the private buses were charging exorbitant fares. However, Transport Minister M.R. Vijayabhaskar, in a recorded message, said that adequate arrangements are being made to operate long distance buses to various parts of the State.

To compensate for shortage of long distance buses, which were operated minimally on Monday, the Metropolitan Transport Corporation buses were operated to several destinations including Villupuram, Tindivanam and Tiruchi.

More than 100 buses have already been operated for transporting the commuters, he said.

Requesting the commuters not to panic by rushing to the Koyambedu bus terminus, the Transport Minister assured the public that more buses would be operated on Tuesday till 6 p.m. Special teams would be inspecting the omni-bus terminus and see to it that commuters are not fleeced by the private bus operators.