Preface:
Recently, G. Jayachandran, J. (High Court of Madras) in the matter of: S. Kasi V/s State, Crl. OP (MD) No. 5296/ 2020, was pleased to disagree with the view taken by G.R. Swaminathan, J. (High Court of Madras) in the matter of: Settu V/s State, Crl. O.P. (MD) No. 5291/ 2020. That the source of friction is the interpretation of the orders of the Hon’ble Supreme Court of India, dated: 23.03.2020 and 06.05.2020.
That Settu (Supra) observes that the aforenoted orders of the Hon’ble Supreme Court of India, extending the period of limitation in general and special laws due to Covid-19 lockdown, will not be applicable so far as the timelines legislated in Section 167 (2) of the Cr.P.C. are concerned while on the other hand, S. Kasi (Supra) holds to the contrary.
Case Law:
In the matter of: S. Kasi V/s State, Crl. OP (MD) No. 5296/ 2020, High Court of Madras (Date of Decision: 11.05.2020), the question of law that arose for adjudication before the court was this:
“… in view of the covid-19 lockdown and the order passed by the Hon’ble Supreme Court extending the limitation, a unique and peculiar legal issue stares at the Court whether the petitioner is entitled to avail the benefit of Section 167 (2) of Cr.P.C.?”
That answering the aforenoted question of law, the Hon’ble High Court observed that:
i. No doubt, the Hon’ble Supreme Court vide its order dated: 23.03.2020, did not specifically mention that police investigation shall also be covered by virtue of the order passed by it on: 23.03.2020. But it is limpid that the order dated: 23.03.2020 was passed to obviate the difficulties faced by the litigants across the country in filing their petitions/ applications/ suits/ appeals/ all other proceedings. It is appropriate for any prudent person to appreciate the order of the Hon’ble Supreme Court in a holistic perspective. The pandemic situation coupled with total nationwide lockdown, restrictions on movement, fear of death looming large paralyzing the routine functioning of the administration including judiciary were the reasons for the Hon’ble Supreme Court to have issued/ passed the order dated: 23.03.2020, followed by another order dated: 06.05.2020.
ii. It is important to appreciate that owing to the current crises arising out of the Covid-19 pandemic, the State has restricted free movement of the public. The law enforcing agencies have been directed to ensure complete lockdown. Access to places is restricted, either partially or absolutely. Government machineries have almost come to a standstill. Court gates are locked. Public access is prohibited. All judicial proceedings are been conducted through video conferencing. Administrative wings of the court are yet to resume physical functioning. In such circumstances, the wings of the investigating agencies are clipped; their legs are tied; they are unable to conduct the investigation and complete the same. Even if the investigating agency is able to complete the investigation, courts are not open to receive them, and this cannot be attributed as the fault of the investigating agency. Covid-19 pandemic is the reason for the investigating agency, having been unable to complete the investigation within the period of time fixed by the statute [Section 167 (2) (a) of the Cr.P.C.].
iii. It is incorrect to state that the order dated: 23.03.2020, passed by the Hon’ble Supreme Court is not applicable to filing of final report on completion of investigation. Violators of law cannot take undue advantage of the extra ordinary situation and enjoy the liberty while the entire nation is under lockdown and crippled from carrying on their normal activities.
iv. The Covid-19 lockdown announced by the Government of India is akin to proclamation of emergency under Article 352 (National emergency in case of external aggression) and Article 360 (Financial emergency) of the Constitution of India, 1950.
v. In Para 14, it was observed that:
“… The spirit behind the order [order dated: 23.03.2020] of the Apex Court is to do complete justice. Conscious to the fact that there are several legislations prescribing limitation, the Honorable Supreme Court has generally stated the period of limitation prescribed under general law of limitation or under special laws shall be extended until further order. Therefore, it is needless to mention that the limitation under Section 167 for investigation also get extended.”
vi. That the order passed by the co-ordinate bench, in the matter of Settu V/s State, Crl. O.P. (MD) No. 5291/ 2020, High Court of Madras, Date of Decision: 08.05.2020, is against the spirit of the order dated: 23.03.2020, passed by the Hon’ble Supreme Court, and thus, the order passed in the matter of Settu (Supra) is non-est in law.
vii. The orders of the Hon’ble Supreme Court dated: 23.03.2020 and 06.05.2020, eclipse all provisions of law prescribing period of limitation until further orders, thus, undoubtedly, these orders eclipse the time period prescribed under Section 167 (2) (a) of the Cr.P.C.
Remarks:
That as of now, the following question of law has been referred to and is pending consideration before the Hon’ble Division Bench of the High Court of Madras:
“Whether the orders passed by the Apex Court on 23rd March, 2020 and 6th May, 2020 in Suo Motu Writ Petition (Civil) No.3 of 2020 also apply to the proceedings under Sec.167(2) Cr.P.C. and consequently which of the two opinions expressed by the learned single Judges in the case of Settu (supra) and Kasi (supra) lays down the law correctly?”
