COVID-Omicron : Supreme Court To Hear SCAORA Plea To Revive Extension Of Limitation On Jan 10

The Supreme Court will hear on Monday an application moved by the Supreme Court Advocates on Record Association seeking extension of the statutory Limitation Period in respect of judicial and quasi-judicial proceedings, in the wake of the prevailing situation amid rising number of Covid-19 cases in the country.A Bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli on Friday allowed the urgent listing of matter after it was mentioned by Advocate Shivaji Jadhav, President of SCAORA.The relief has been sought through an application filed in the suo motu matter taken up by the top Court regarding extension of limitation in wake of Covid-19.The application filed through Advocate Abhinav Ramakrishna has stated that there has been a sudden and drastic change in the situation with regard to the pandemic, as a new variant more particularly Omicron has seen a drastic surge, and considering the alarming rate at which there is a rise in the mortality rate due to Covid and also the rise in the new cases, it becomes necessary to restore the relaxation with regard to the period of limitation. According to the application, quite large number of the staff of the Supreme Court has also been affected by the new variant of the covid and thus it becomes all the more necessary to extend the period of limitation. The Supreme Court has therefore been urged to restore its orders dated March 23, 2020 and April 27, 2021, whereby the statutory limitation period for filing of cases were extended. In March 2020, the Supreme Court had taken suo motu cognizance of the Covid-19 situation and resultant difficulties that may be faced by litigants across the country in filing their pleadings within the prescribed period of limitation. "To obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunals across the country including this Court, 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…," it had ordered back then. Thereafter, several orders were passed further extending the limitation period. The Supreme Court ended the extension of limitation with effect from 14.03.2021, observing that the COVID-19 situation has improved. However, the orders were revived in face of the second wave of Covid-19 in April 2021. The same was withdrawn with effect from October 2, 2021. "Public health is of utmost importance and therefore the issue of limitation which may arise in certain cases is required to be relaxed in the light of the present situation," the SCAORA has pleaded.In view of the surge in COVID cases, the Supreme Court has switched to complete virtual hearing and has decided to take up only urgent hearing matters with effect from Janaury 10.Case Title: In Re Cognizance for Extension of LimitationClick Here To Read/Download Order

COVID-Omicron : Supreme Court To Hear SCAORA Plea To Revive Extension Of Limitation On Jan 10

Srishti Ojha

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