The Supreme Court Advocates on Record Association has approached the Supreme Court seeking extension of the statutory Limitation Period in respect of judicial and quasi-judicial proceedings in view of the surge in Covid-19 cases across the country.
The application was filed through advocate Abhinav Ramakrishna.
The application has been filed before the Apex Court, which is a body well recognised and has from time to time played a common role in asserting the issues which are necessary for the protection of legal rights and constitutional rights of an individual and bar at large and therefore the applicant further submits that after the passing of the order dated September 23, 2021 in an application filed by the applicant after the second wave of Covid struck the entire nation, there has been a sudden and drastic change in situation with regard to the pandemic, as a new variant, more particularly Omicron, has seen a drastic surge, which has nearly brought to halt the normalcy which was achieved, with great patience at the cost of the loss of life of loved and dear one both within the bar and the bench.
The Court had by order dated March 23, 2020 had taken Suo Motu cognizance of the situation arising out of the challenge faced by the country on account of Covid-19 Virus and resultant difficulties that may be faced by litigants across the country in filing their petitions/applications/suits/ appeals/all other proceedings within the period of limitation prescribed under the general law of limitation or under Special Laws (both Central and/or State).
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The Supreme Court had finally disposed of the suo motu proceedings by order dated March 8, 2021.
A Miscellaneous Application was filed by SCAORA, upon which the Supreme Court by its order dated April 27, 2021, after taking judicial notice of the fact, that steep rise in Covid cases is not limited to Delhi alone but has also engulfed the entire nation, was pleased to restore its order dated March 23, 2020, as a result of which limitation, as prescribed under the general or specific law, in respect of judicial and quasi-judicial, proceedings were put in abeyance.
The Court observed that the circumstance which can be best assessed based upon the data furnished by the government of NCT of Delhi with regard to the daily surge in the Covid cases and for the said purpose the applicant would like to give the details of the surge in the Covid cases.
The Court further observed that a similar situation has been witnessed in Maharashtra and across the country and few of the states have restricted the movement of the people so as to curtail the spread of the new mutant virus and thus has become necessary to restore the order dated March 23, 2020 & April 27, 2021 passed by the Supreme Court as certain lawyers practicing before the Supreme Court has also been affected by the virus and are currently hospitalized.