New Delhi: Taking note of the improved pandemic situation, the Supreme Court Thursday observed that it will recall its April 27 order by which it had extended the operation of an earlier direction under which the limitation period for filing court cases has ceased to run statutorily against litigants since March 15, 2020, due to COVID.
In the wake of the onset of the second COVID wave, a bench headed by Chief Justice N V Ramana, on April 27, 2021, had relaxed the statutory period for filing petitions, including the election petitions.
The bench, also comprising Justices L Nageswara Rao and Surya Kant, said that the suomotu extension of limitation period will be withdrawn on October one and after that, the usual limitation period of 90 days for filing cases in courts will come into effect once again.
We will pass orders, the bench said while reserving the order.
The bench termed as pessimistic the submission that the limitation period be extended till the year-end as there was an apprehension of a third COVID wave in the country.
You are pessimistic. Please do not invite the third wave, the CJI observed.
At the outset, Attorney General K KVenugopal said that the COVID situation has improved and presently there was no containment zone in the country and hence the order relaxing the limitation period can be recalled.
If there are any containment zones in Kerala or at some other place then they can approach the court, he said.
Venugopal suggested that the March 8, 2021 order of the apex court, which had recalled the last year's direction extending the limitation period indefinitely, may be restored.
I think we can lift the order, '' the CJI said while prima facie agreeing to the submission of the law officer.
Observing that the relaxation period may be allowed to continue till September end, the bench said that it will dispose of the suomotu case which was instituted last year on the onset of the pandemic which had led to the nation-wide lockdown.
Senior advocate Vikas Singh, appearing for the Election Commission, said that instead of 90 days, 45 days limitation period be granted for filing election petitions and the statutory period
should start running against litigants from now on instead of October 1.