The Supreme Court Advocates-on-Record Association (SCAORA) has moved the Supreme Court seeking suspension of limitation period to file cases under all general and special laws in view of the surge in COVID-19 cases across the country [In Re: Congizance for Extension of Limitation]
In this regard, the application filed by SCAORA has prayed that the top court’s March 2020 order passed during the first wave of the COVID pandemic be restored.
The application by SCAORA, filed through advocate Abhinav Ramkrishna, expressed concern for the health of the bar, litigants and the judges in the wake of the rise in Omicron cases.
“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 as had been considered earlier by this Hon’ble Court,” the plea said.
On March 23, 2020, the Court had taken up the issue suo motu, directing the suspension of the limitation period running under all general and special laws, with effect from March 15, 2020, in view of the difficulties faced by the litigants in approaching the courts amidst the COVID-19 pandemic.
Thereafter, the said order was extended from time to time.
However, on March 8, 2021, the Court had recalled that order after a dip in COVID cases.
But the devastating second wave had hit and SCAORA had then approached the Supreme Court seeking suspension of limitation periods in view of the surge.
The Supreme Court had then on April 27, 2021 ordered that the limitation period be extended.
However, this extension also came to an end on October 2, 2021 after the COVID cases dipped.
The SCAORA has now sought revival of the order citing surge in COVID.
“In the interest of justice, due to change emergent change in situation, the present application may kindly be allowed,” it was submitted.
The SCAORA has stated that the past two years have been difficult and “as of now there seems to be no ending to this misery towards their human race, once again the nation is facing a threat in form of a new form of disease namely Omicron.“
The plea highlighted the public safety concerns that the rise in cases will bring even as the vaccination process is limited to certain age-groups.