A bench of Chief Justice S A Bobde and Justices L N Rao and Surya Kant said the Court has taken suo moto cognizance of the situation arising out of the challenge faced by the country because of COVID-19 virus. Difficulties may be faced by litigant…
New Delhi: The Supreme Court on Monday 23.03.2020 invoked its extraordinary & inherent powers under Article 142 of the Indian Constitution to extend limitation period of appeals from high courts or tribunals (Quasi-Judicial Bodies) on account of coronavirus (COVID-19) pandemic.
A bench constituting Chief Justice, S. A. Bobde and Justices L. N. Rao and Surya Kant said the Court has taken suo moto cognizance of the circumstances emerging out of the difficulties faced by the country because of COVID-19 virus.
Subsequently, challenges might be looked by litigants across the nation over in filling their petitions/applications/appeals/suits/claims/all other proceedings within the period of limitation endorsed under the general law of limitation or under Special Laws (both Central as well as State).
The Apex Court said that to deter such challenges, “It is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f. 15th March 2020 till further order/s to be passed by this Court in present proceedings“.
The bench said, “Issue notice to all the Registrars General of the High Courts, returnable in four weeks”.
Prior, during the day, the special Bench had said that it would conjure its inherent powers under Article 142 to hinder the troubles faced by Advocates in filling the appeals, in case it goes national lockdown because of the pandemic.
It stated: “We are exercising this power under Article 142 read with Article 141 of the Constitution of India and declare that this order is a binding order within the meaning of Article 141 on all Courts/Tribunals and authorities.“
The top court said that its order might be brought to the notice of every single high court for being imparted to every subordinate Court/Tribunals inside their jurisdiction respectively.
Specialist General Tushar Mehta, showing up for the Center, had proposed that interests which are to become time banned in the next three to four weeks ought to be deemed to have been proclaimed extended because of the current situation.
Read the Complete Circular from below: