Supreme Court: Suo Moto Extension of Limitation Period to be Recalled from October 1

Supreme court law insider in

Swarna Shukla-

Published On: September 23, 2021 at 12:59 IST

The Supreme Court will recall the Suo Moto Order of April 27, 2021 which had extended with effect from March 14, 2021 the Limitation Period for filing of cases in view of the COVID-19 second wave.

The Court stated that the Suo Moto extension of the Limitation Period will be withdrawn as of 1st October, 2021. It also stated that a 90-day buffer period will be implemented beginning on October 1.

The Bench comprising Chief Justice of India N.V Ramana, Justice L. Nageswara Rao and Justice Surya Kant made these observations in the Suo Moto case in ‘Re- Cognizance for Extension of Limitations.’

Attorney General of India agreed to the suggestion, stating that normalcy has now returned and that, to his knowledge, there are no containment zones in the country.

However, Senior Advocate Vikas Singh, appearing for the Election Commission of India, submitted that only 45 days should be given for Election Petitions after the lifting of Limitation Extension, as that is the period prescribed under the Representation of People’s Act, 1951.

Advocate Shivaji Jadhav, the President of the Supreme Court Advocates-on-Record Association requested that the Limitation Extension kept in force till the year end, as there is a threat of third wave. 

Earlier on 23 March, 2021 the Apex Court issued an Order directing the Limitation Period in all such proceedings, be extended w.e.f March 15, 2020, until further Orders on account of the COVID-19 Pandemic. After observing that the situation is country is controlled, the Limitation Period was terminated by Order dated 8th March, 2021.

However, in the light increasing COVID cases and the third wave, the Apex Court on April 27 Restored the first Order and extended the Limitation Period until further Order.

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