Coronavirus,  Supreme Court
Coronavirus, Supreme Court
Litigation News

Coronavirus: SCAORA recommends steps to further restrict Supreme Court functioning due to COVID-19

Shruti Mahajan

The Supreme Court Advocates on Record Association (SCAORA) has made a number of recommendations for further restricting the functioning of the Supreme Court in light of the COVID-19 outbreak.

The SCAORA urges for an unequivocal shutdown of the Apex Court for a period of two weeks noting the severity of the pandemic. However, in the event this suggestion is not accepted by the Chief Justice of India and the Judges of the Supreme Court, SCAORA has requested for further restricting the functioning of India's Top Court.

The suggestions which include measures for stopping complete filing of all matters unless they belong to urgent categories, that is pertaining to death warrant or personal liberty, have been made by SCAORA in the interest of the members of the Bar, clerks, court staff, and also registry staff.

The SCAORA has recommended that Benches be assembled only as and when such matters of grave urgency come up. The loss of working days may be accomodated against the scheduled summer vacation in May and also against some Saturdays.

The entry in the Supreme Court premises may be restricted to only advocates and clerks associated with each of these urgent matters, the SCAORA has resolved to recommend.

Additionally, other measures suggested are:

  • All High Courts be requested to issue directives to the authorities within their territorial jurisdictions not to carry out demolitions or auction properties until further orders.

  • Order be issued for continuation of all interim orders until further orders.

  • The period for depositing cost in terms of orders of the Court and other statutory deposits be extended, so as to avoid the unnecessary risk of filing the SLP under urgent matters.

  • Any order for compliance or penalties being imposed by the concerned High Court if within the period of limitation be treated as stayed automatically so as to avoid the unnecessary risk of filing the SLP under urgent matters.

  • For the purpose of limitation, the period commencing from 23.03.2020 be treated as holidays till further orders.

The SCOARA has also urged members of the Bar not to crowd the Courts and cooperate in terms of restricted entry in the Supreme Court premises. The Advocates are also requested to refrain from filing matters unless they are of grave urgency and to ensure that any person displaying any of the symptoms of the disease observes quarantine.

Read the Resolution:

SCAORA Resolution dt 21-Mar-2020.pdf
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