[The said article is written by the author on the basis of media reports whereby the COVID – 19 cases in Delhi on 01.01.2022 was 2716 with a positivity rate of 3.64 percent and the views expressed are personal]
With the advent of the COVID – 19 in India and the lockdown being imposed by the Central Government in whole of India, the Hon’ble Supreme Court had suo moto (i.e. on its own accord) taken cognizance of the lockdown and extended the limitation period indefinitely until further orders.
The Hon’ble Supreme Court in Suo Moto Writ Petition (Civil) No. 3 of 2020 titled as “IN RE COGNIZANCE FOR EXTENSION OF LIMITATION” for perhaps first time in the history of Indian Jurisprudence (atleast as per the limited knowledge of the author) ordered that the period of limitation in all proceedings before the Courts / Tribunals across the Country (including the Supreme Court), irrespective of the limitation prescribed under the general law or Special laws, whether condonable or not shall stand extended w.e.f. from 15th March till further orders passed by the Supreme Court. The Hon’ble Supreme Court passed the said order dated 23.03.2020 in exercise of extra-ordinary power under Article 142 of the Constitution of India and also made the said order under Article 141 binding over all Courts / Tribunals and Authorities in India.
Various other orders were passed in the abovementioned matter as to how would limitation apply in certain types of cases like Cheque bouncing, Arbitration, etc. Fast forwarding to 08.03.2021, when the COVID cases in the Country had reduced substantially and it was presumed that the COVID period was almost over with the situation being under control, the Hon’ble Supreme Court in the captioned matter, while disposing of the Suo Moto Writ Petition (Civil), the Hon’ble Supreme Court held that the limitation in all matters would normally function as it was earlier from 15.03.2021 and if any remaining period of limitation was left, the said remaining period of limitation would run normally from 15.03.2021 (after excluding the period from 15.03.2020 to 14.03.2021). In certain types of matters where the limitation period had expired between the period of 15.03.2020 to 14.03.2021, a grace period over 90 days was given in all matters, notwithstanding the actual balance of limitation remaining.
However, subsequently, something unfortunate happened, which was not at all predicted by anyone. There was suddenly a huge blast of COVID – 19 cases in the month of April 2021 which was called as the Second wave of COVID in India. Resultantly, a Miscellaneous Application was filed before the Hon’ble Supreme Court in the abovementioned matter bearing No. 665 of 2021. Accordingly, the Supreme Court Advocates-on-Record Association (SCAORA) approached the Supreme Court for restoring the first order dated 23.03.2020. The Supreme Court vide order dated 27.04.2021 was pleased to allow the Misc. Application and looking into the sudden surge of COVID cases in the Country observed that the order 23.03.2020 would be extended till further orders. It was also clarified that the period from 14.03.2021 was to be excluded for computing the limitation period.
Thereafter, a couple of months after the Second wave was over and number of COVID cases had reduced substantially, the Hon’ble Supreme Court on 23.09.2021 while disposing of the Misc. Application ordered that the limitation period would be in force w.e.f. 03.10.2021, however a grace period of 90 days was given.
Resultantly, the 90 days period from 03.10.2021 expired on 01.01.2022. 01.01.2022 and 02.01.2022 being a Saturday and Sunday respectively, as per the Limitation Act, the limitation getting over on a holiday of the Court, the limitation would expire on the next day after the Court reopens, i.e. on 03.01.2022.
A lot has changed in the past 3 months. A new virus Omicron was detected first time on 24.11.2021. Since then it has spread almost all over the world. Suddenly, the graph of COVID – 19 infections in India has also taken a steep upward curve. Suddenly in the past 10 days, there has been a 3000% jump (30 times) in the COVID cases of Delhi. The doubling it happening at a very fast pace. All media reports are suggesting that this is the beginning of the third wave. We should not forget the trauma and the massive number of casualties in the second wave. There was desperation all over for medicines, for injections, for beds, for ICU beds, for oxygen, for plasma, for what not!! (The author lost his beloved father, the founder – editor of Tilakmarg.com and the author along with his mother were both in the ICU for 2 months and 1.5 months respectively, with the author still being on oxygen support, for almost the past 7-8 months now).
Oh lord! The deadly Corona Virus is back. Some say it is more dangerous, some say that it may not be as lethal. No one knows what is going on in the world.
The timing of the third wave (or the advent of the third wave) of COVID – 19 virus, is disastrous for Advocates, their clerks and the judiciary. The limitation period including the 90 days grace period is expiring on 03.01.2022. The author himself in his office has got almost a dozen filings to be done till tomorrow. Despite most of the Courts have shifted to the virtual hearing mode, it is going to be very difficult for the Advocates and the litigants to cope up with the deadline. Once again almost all the offices have switched to work from home. Those who are still functioning physically are the ones who are having very small teams or may soon switch to work from home once the cases further shoot up. Already the Delhi Government has allowed offices to work with only 50% strength.
But amongst all this, here we are ready for filing dozens of matters tomorrow. For filing a matter, that too physically, there are huge amounts of risks involved. The print outs are taken by the clerks, Affidavit of the client is attested and notarized by a Notary public physically in the presence of the Clerk and / or the Advocate and also of the client / litigant. Then the master set that is prepared is sent to the photocopier for preparing multiple sets for filing. Thereafter the clerk (sometimes the Advocate) visits the registry of the concerned court where the case is to be filed and then thereafter after standing in a (usually) long queue at the filing counter, is able to file the matter.
The story does not end here, usually there are also some or the other defects in the filing (depending on the court where the filing is done). The clerk and / or the advocate then goes to the registry of the court for curing the defects and its only then that the matter is marked and checked finally before getting listed. Obviously, the above is not the hard and fast process for filing a matter before a court and there can be some minor variations depending on where the case is being filed. But, in the entire process, the file has the fingerprints of almost a dozen different persons coming from different corners of the city, some of whom may or may not be maintaining social distancing and may be a vulnerable person to be attacked by the virus.
Certainly, the above is only possible if the Advocate has managed to get inputs / documents / affidavit, etc. from the clients. In various cases, a lot of the litigants / clients are infected with the COVID – 19. Thus, they cannot send any documents / inputs and neither can come physically for getting the affidavit notarized. It is noteworthy, that even otherwise, if the litigant is in a serious condition, then obviously there is no question of any filing.
In some cases, the advocates are getting infected. In such a situation, the litigant / client will suffer as the advocate will neither be able to go himself, nor will be in a position to depute someone to file the matter before the Court. Hence, it is going to be very difficult for the Judiciary, Advocates (officers of the Court) and the para-legal staff both of the Court and of the law offices to effectively adhere to the limitation period.
The author is afraid that it should not be that in order to adhere to the limitation period and get all pending matters filed till tomorrow i.e. 03.01.2022, the Advocates, clerks and court staff are not the first ones to get infected. The author himself was most probably infected during the last week of March, 2021 while visiting the Courts and / or some personal commitments.
Therefore, in light of the above, the Hon’ble Supreme Court may in its all wisdom extend the limitation period for the forthcoming period and some relaxation may be given in the said limitation period. It is noteworthy that the situation of COVID – 19 cases is not the same as it is today and no harm would be caused even if the limitation period is extended for the next 4 weeks, just as a precautionary measure to observe where does the COVID virus and its situation take us.
Needless to mention herein that the judiciary, the court staff and the Advocates will nonetheless be rushing to Courts tomorrow (despite most courts being virtual) for filing and will perform their solemn duty as ‘OFFICERS OF THE COURT”.
Click here to read the order dated 23.03.2020 of the Hon’ble Supreme Court whereby the limitation was first extended until further orders.
Click here to read the order dated 08.03.2021 of the Hon’ble Supreme Court whereby the operation of the order dated 23.03.2020 was stayed and the limitation was to normally apply from 15.03.2021, with a grace period of 90 days.
Click here to read the order dated 27.04.2021 of the Hon’ble Supreme Court whereby the limitation period was extended until further orders as per order dated 23.03.2020.
Click here to read the order dated 23.09.2021 of the Hon’ble Supreme Court whereby the operation of order dated 27.04.2021 was stayed and the limitation period was to normally run from 03.10.2021 with a grace period of 90 days.
