CORONA (COVID-19), LOCKDOWN AND COLLAPSE OF INDIAN JUDICIAL SYSTEM
By :- Advocate Palak Gupta
Advocate in Supreme Court of India,
High Court of Delhi, High Court of Bombay and Punjab and Haryana High Court.
BSc. L.L.B.

L. L. M. Pursuing from University of Mumbai

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Abstract
This article of author is not based on mere prevailing law or existing facts and circumstances, but, it compiles author’s own experience which made her bring out the loop holes and lacunas prevailing in the existing system of what law procedurally is, what law practically is instead of what is read in the text books by a student or heard in news by a layman. As we all know after China, Italy, Iran etc….. .even India’s functioning got disturbed when it was struck with the new virus in market COVID-19. India was compelled to announce a lock down to be observed along with imposition of S. 144 CrPc which restricted the freedom of movement as well as assembly which has otherwise been governed as a fundamental right under Article 19 of the Constitution of India but, when it comes to the most cardinal right of our Indian Constitution vis-à-vis Right To Life as enshrined under Article 21 of Constitution of India, nothing remains more substantial. People in the nation are focusing on how economy, health, mortality, supply and demand went down when India and other nations are struck with the menace of CORONA but, the most untouched topic, how lives of people have been affected even more as COVID – 19 disturbed the entire judicial and justice system.

Introduction
Though there are different stories with regards to the emergence of CORONA virus whereby the author considers most emphasized ones being the “ Theory of population reduction” as believed that China created this virus to regulate and reduce its own population of senior citizens being a burden on nation, the other theory being “ Theory of War” whereby China trying to eliminate its enemy nation got trapped itself in the menace of virus. The most circulated and believed theory being “ Theory of Wet Market” i.e. spread of COVID 19 from the wet market of China namely Wuhaan due to bad eating habits of people as the virus was carried by animals leading to China burning alive so many animals. Daily news channels, memes, public debates, speeches are already focusing on the contagious nature of this virus, Lock down of nations not allowing inter state as well as intra state exposure towards other nations and within its own nation to cut down the spreading of virus, sanitization habits, cleanliness emphasis, significance of better hygiene as well as eating habits, motivation with regards to staying at home, curfew, complete restriction on movement, private services, offices etc. etc. Not only India but, entire world has suffered from the lockdown as well as economic crisis due to this one pandemic virus which is proving itself to be deadly for entire nation. Finally, after HIV AIDS, CANCER, DENGUE, MALARIA etc. we have a new disease in race to scare the whole nation …….Scientists and many science jurists have propounded the Theory of Karma whereby nature which has been devastated by the human race is seeking back revenge upon the human race by eliminating it. Being new in the market and due to difficult tendency of developing vaccine for viruses because they keep on changing their RNA neither developed nor developing countries have been able to develop any vaccine or medicine for prevention or cure of viruses. Hence, it is being fought off by the preventive measures of government in the form of cleanliness awareness, shortage of sanitizers in the market, lock down to be the last resort so that India does not cross the 2nd stage of spreading of Corona Virus. So far, everybody has been discussing the impact on market, economy and employment dropping down, people starving and dying of un employment, disturbance of carrying out the household routine, health and care facilities, I would like to enlighten you with regards to How Corona has proved to be hazardous for the entire judicial as well as justice system not, only for India but, for other nations as well.
Background
Firstly, I would like to share the incident which compelled me to desperately chose this topic. Me and my flat mates already served a notice to our owner in the beginning of March that we shall be vacating our flat by 23rd or 24th March but, as the situation with Corona became serious on 20th March 2020 we decided to move to our respective home towns leaving the city of Delhi as you are better safe at home rather being away from home. Our owner denied to extend our stay and on 21st March we shifted our stuff and we left for our hometowns as people in Delhi were in great panic. It was the last transport of the day which I boarded for my hometown while my friend was not able to find one for her . We left together and as soon as I reached my home town, I got a text on my phone that my case has been listed before the Hon’ble Supreme Court of India on 23rd of March. This case came to me very well in march which was quite urgent to be listed as soon as possible and the urgency became even more grevious when during my Holi vacations client’s property got attached u/s 82,83 of CrPc due to which his house would be auctioned by 30th of April. Due to Covid 19 only 3 Supreme Court Court rooms were functioning and all the matters were adjourned. I mentioned the matter repeatedly before the Registrar to list it as soon as possible and atleast before 30th of April whereby I got a text that my matter would be tentatively listed on 27th of March. Now, in general course of action, either the matter would have been listed on 27th or later but, on Saturday i.e. 21st march, at 5:38 pm, I got the information that the matter has been listed on 23rd of March . After having a conversation with client, my trains were booked to make the to and fro journey from my home town to Delhi and back to my home town but, the destiny lead to the cancellation of same on 22nd March i.e. Sunday when lock down was announced in the entire nation till 31st of April. The urgency compelled the client to hire a car from his hometown, travel the entire night of 22nd March, come to my home town picking me up, taking me to the Supreme Court of India in the morning of 23rd with the hope that if he gets a relief today, his house will be saved. Though I was advised by everybody not to take the risk, the condition of client compelled me to be the part of same. To our disappointment, in the morning of 23rd March, we were informed that all the matters have been adjourned and all the court rooms have been dismissed except 1 court i.e. the Court of Chief Justice i.e. Court Room No. 1. A lady over heard this and started shouting that “I curse all of you, your profession and everybody present over here. Even we have the vulnerability to get suffered from Corona but, what am I supposed to do? I will come on road this very month. You have made this profession a joke….” After getting back to my client, he dropped me to my home town with shattered face and went back to his home town. On the way the client with a happy face said “ Court shall be working on 25th….” After reading the entire news I said “ Only CJI court that also for important matters” . Even more happily the client said “ Yes! My matter is an important and urgent one Madam!” to which I replied “ Only for You Sir… It talks about the matters of national importance”. These statements and hopes of a man with law and judiciary has made me write this article.
COVID 19- THREAT TO INDIAN JUDICIAL SYSTEM
Indeed! At Par life and health are most important but, when we equate our profession to the profession of medicine, we see doctors working 24/7, pharmacist available 24/7 for people, we fail to understand that the poor lady and thousands of clients like that of mine….. have been some where cheated upon or suffered at the hands of lower judicial system whereby they have come in appeal before the Hon’ble Apex Court. Not every case before the lower courts or Hon’ble High Court are passed on merits. Some are passed in the darkness of non-availability of important evidences and documents, some are passed at the hands of corruption, some are analyzed and observed under error in law ….. I don’t say that we are supposed to work 24/7. But, an order passed before COVID 19 when being in challenge but, not on hearing if disrupts the higher judiciary…. While the higher judiciary is not working but, the Police and the executors of the already passed orders are functioning…. Where should a common man go? An isolated family without house shall be saved from the menace of COVID 19 or will continue to suffer at the hands of fallacious cases lodged against them?????? All new orders should stay, no adverse new orders shall be passed but what about the Police atrocities and the real problems a man suffers due to already prevailing orders passed, challenged but, not heard??????? This happens repeatedly when the courts go on summer vacation, winter vacation, weekly vacation, CORONA lockdown because, the ultimate truth is law functions differently in different states in accordance with the Corruption rate, moralities, beliefs and money control prevailing in that state.
Let me remind you that law is made by the legislative in accordance with the needs of society, transformed by the society in accordance with its function and ultimately law reforms and transforms the society in accordance with itself.
Maharashtra, Mumbai are titled as safe cities when it comes to gender safety. Delhi… the most unsafe city when it comes to sexual abuse. Haryana to be a gender discriminatory state. UP , Bihar and Punjab to be the hubs of drugs…… Land grabbing shall have a different angle when it comes to Delhi and UP …. They are used to it and it will give you a different aspect when you are merely sitting at your homes in your respective states. It sounds unbelievable to many of my friends when I tell them my experience of cases as Police is respectfully functioning over there while the Police machinery and judiciary collapse at the hands of local goons, corruption, money power etc. when it comes to other states. Hence, COVID 19 serves an impact on entire judiciary whereby different states are affected differently.
CONCLUSION
Nirbhaya waited for years when her rapists were convicted because she was dead. But, due to collapse of the justice system at various level, people are dying daily and are suffering. Law and order more than giving a sense of security has become a local goon to threaten someone…. “ Don’t mess with a lawyer… He/She will sue you” “ Don’t mess with that girl… She will seek revenge upon you in a false case” Living in such circumstances and being a part of such a nation…. It not just causes harassment…. It leads you to suffer endlessly with your money and life when the judiciary collapse in such a manner where everybody is functioning the way they want…. Humanity is not functioning the way it should…..