Mitali Palnitkar
Published On: January 10, 2022 at 18:14 IST
On January 10, 2022, the Supreme Court agreed on reviving Suo Motu Orders for the extension of the limitation period for filing Cases in Courts and Tribunals. The decision was taken due to the spike in Covid-19 cases. The request to do so was made by Supreme Court Advocates-on-Record Association (SCAORA).
The Bench comprised of Chief Justice of India N V Ramana, Justice Surya Kant and Justice L Nageswara Rao. It stated that a detailed Order regarding the extension of limitation period would be passed by it.
The request for the restoration of Limitation extension orders in view of increasing Covid cases was made by the President of SCAORA, Advocate Shivaji Jadhav. The Attorney General of India, KK Venugopal stated, “I think your lordships should accept.” CJI NV Ramana responded, “We are accepting the prayer of SCAORA.”
The Attorney General (AG) submitted a draft in relation to the Order which is to be passed and also opined that the extension of limitation shall be with effect from October 2, 2021 when the earlier extension was ended. CJI Ramana stated that the Order would be uploaded once the details are examined.
The Suo Motu Case titled, “In Re Cognizance For Extension of Limitation” sought the Orders dated March 23, 2020 and April 27, 2021 to be restored. In these Orders, the extension of limitation period for filing Cases took place due to the outbreak of the pandemic.
Advocate Abhinav Ramakrishna filed the Application which stated that due to the surge in Omicron variant and increase in mortality rate, the period of limitation shall be extended. It also highlighted that Supreme Court staff had been affected by the Omicron variant and the extension was necessary.
Supreme Court took the Suo Motu Cognizance and extended the limitation period in March 2020 and had ended the extension with effect from March 14, 2021 observing that the situation had normalized. The Orders were revived in April 2021 due to the second wave and were withdrawn with effect from October 2, 2021 after the situation was normal.