The Supreme Court said Thursday that it will recall the ordinance sua motu of April 27, 2021, which had extended the statute of limitations for filing cases in view of the second wave of COVID starting from March 14, 2021.The Court stated that the extension his motu of the limitation period will be lifted with effect from 1 October 2021. It also indicated that a reserve period of 90 days will be granted from 1 October. The court said it will issue an order to that effect, setting its terms and conditions.
A bench consisting of Chief Justice of India NV Ramana, Justices L Nageswara Rao and Surya Kant made these observations in his case motu In Re Cognizance for Extension of Limitation. “I think we can lift the order," Indian justice chief KK Venugopal told Attorney General for India today. The Attorney General accepted the suggestion, saying that normalcy is now back and that there are no containment areas in the country that he is aware of. The AG proposed to restore the ordinance of 8 March 2021 (which had recalled its motu for the extension of the limitation period ordered on 23 March 2020).
The Supreme Court had passed an order on March 23, 2020, directing that the period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not stood extended w.e.f. 15th March 2020 till further order/s on account of the COVID-19 pandemic. Thereafter, noticing that the country was returning to normalcy, the extension of limitation brought to an end by order dated March 8, 2021.
However, taking into account the surge of COVID cases during the second wave, the Supreme Court on April 27 restored the first order (passed on March 23, 2020), and extended the limitation period with effect from March 14, 2021 until further orders.
Two weeks ago, the Indian Election Commission submitted an application to ask for the extension of the limitation to be changed with regard to election petitions, saying it was difficult to keep EVMs and election documents indefinitely. While considering that request, the Supreme Court said on 9 September that it will consider invoking the order her motu with respect to all cases, and not just election petitions, as the COVID situation has improved across the country.