Introduction:
In this article, I will discuss the Power of Apex Court U/A 142 extending Limitation Period amid COVID-19. India is suffering from the Covid-19 pandemic. The government ordered the lockdown in March. Mostly everything was shut down at that time. The COVID- 19 is the Pandemic disease that is spread from one person to another. If the people are coming together maybe it leads to the spreading of this disease for a whole community.
The Law system is one of the most important pillars of any country. The law system should not be stopped in any situation. In this Pandemic, it is very dangerous to gather together at any place even in the court. Due to the courts being closed maybe it will lead to injustice to some people because the time limit of any petitions/applications/suits/ appeals etc may be overdue.
For that Supreme Court has taken Suo Moto cognizance of the situation and gave the order that physically lawyers do not have to come in the courts and as per the law time limitation of the filing petition, appeal, etc. has been extended till further notice. Under article 142 Supreme Court can pass such orders. Further, under article 141 this order is binding all on all Courts/Tribunals and authorities.
Can Supreme Court Pass Such Order U/A 142?
The Supreme Court can pass the order like this under Article 142. As per Article 142 of the Indian constitution says that ‘Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc
( 1 ) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe clause
(2) that Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order to secure the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.’[1] In this case for the safety of people, this order was passed and under article 141 this order is binding all on all Courts/Tribunals and authorities.[2]
Actual Order Passed by The Supreme Court
In the Supreme Court of Judges Sharad Arvind Bobde, C.J and L. Nageswara Rao and Surya Kant, JJ. This order of Cognizance for Extension of Limitation was passed on 23rd March 2020.
This Court has 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 Special Laws (both Central and/or State).
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 w.e.f. 15th March 2020 till further order/s to be passed by this Court in present proceedings.
We are exercising this power under Article 142 read with Article 141 of the Constitution of India and declare that this order is a binding order within the meaning of Article 141 on all Courts/Tribunals and authorities.
This order may be brought to the notice of all High Courts for being communicated to all subordinate Courts/Tribunals within their respective jurisdiction.
Issue notice to all the Registrars General of the High Courts, returnable in four weeks.[3]
Conclusion
The Supreme Court has the power to pass any order for specific purposes under article 142. Article 142 is the sword given to the Supreme Court for the complete Justice. We are in the pandemic and it’s very obvious that if public gathering are not stopped then it is a threat to the life of people. Due to this pandemic, if the lawyer has failed to file a petition, appeal, etc. in a given time as per time limitation in law then maybe it will lead to the injustice. In this pandemic for the precaution, the lawyers do not have to come physically to any court after this order, and the time limit is extended until further notice. For these reasons and avoiding the people gathering at courts, the Supreme Court has passed this order.
References:
[1] Article 142 of the Indian Constitution.
[2] Article 141 of the Indian Constitution.
[3] 2020 SCC OnLine SC 343
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