Introduction
In one of the earlier posts, I had talked about
the case of In Re: Cognizance for Extension of Limitation, Suo
Motu Writ Petition (Civil) No. 3/2020, wherein the issue relating to period of
limitation prescribed under various laws was considered in light of onset of
Covid-19 pandemic by the Hon’ble Supreme Court. In the present post, we shall
discuss a subsequent Order that has been passed in that case.
Observations by the Court
Before proceeding any further, it would be pertinent
to note that on 23.03.2020 and 27.03.2020, the Hon’ble Supreme Court had extended
“the period of limitation prescribed under the general law or special laws
whether compoundable or not with effect from 15.03.2020 till further orders.” Thereafter
on 08.03.2021, the Hon’ble Supreme Court passed a subsequent Order stating that
since the country is returning to normalcy and the Courts have started
functioning physically as well, the extension of limitation earlier granted was
regulated and brought to an end.
Now, the Covid-19 situation is again haunting the entire
country and thus, vide Order dated 27.04.2021, the Hon’ble Supreme Court passed
an Order providing for the following: -
1. The Court took judicial notice of the fact that
there has been a steep rise in Covid-19 cases in the entire country and this
situation requires extraordinary measures to minimize the hardship of the litigants.
2. The Hon’ble Supreme Court restored the “order
dated 23rd March, 2020 and in continuation of the order dated 8th March, 2021
direct that the period(s) of limitation, as prescribed under any general or
special laws in respect of all judicial or quasi-judicial proceedings, whether
condonable or not, shall stand extended till further orders.”
3. The Court also clarified that the period of 14th
March 2021 till further orders shall also stand excluded in computing the
periods of limitation for instituting proceedings, outer limits (within which
the court or tribunal can condone delay) and termination of proceedings.
4. Interestingly, the Court also observed that it
is passing the Order dated 27.04.2021 in exercise of powers under Article 142
read with Article 141 of the Constitution of India thereby making it a binding
order within the meaning of Article 141 on all the Courts, Tribunals and
Authorities of the country.
Concluding Remarks
This was a much-needed Order and shows the
uncertainty that is prevailing under the current circumstances. Suspending the
periods of limitation should provide a breather to the litigants who are not in
a position to pursue their respective judicial proceedings.
However, I would have appreciated this much more
had this Order or directive come from the Legislature or the Executive. The Hon’ble
Supreme Court is literally doing the work of the Executive and the Legislature
by suspending the periods of limitations temporarily. Suspending the periods of
limitation means that the relevant provisions of the various laws of this country
will remain ineffective for the time being. It may seem a small thing to a layman
but in legal terms, this is akin to imposition of stay on the relevant
provisions of law relating to periods of limitation.
People have to move the Supreme Court to secure
such Orders and it is clearly a blot on the functioning of the Executive and
the Legislature that they failed to do so and therefore, the people had to take
trouble to make such applications before the Hon’ble Supreme Court. Still the
time is not lost and I urge the Executive and the Legislature of this country
to wake up from their slumber with respect to the periods of limitation and pass
a statutory instrument to this effect indicating in concrete terms, the time
for which the periods of limitation shall remain suspended. Any such law passed
by the Parliament of India would have a positive effect and the litigants would
be able to plan their legal proceedings in much better and effective manner.
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