New Delhi – The Supreme Court on Tuesday agreed to examine a plea seeking a Standard Operating Procedure to ensure citizens can approach courts beyond regular working hours in cases involving life and liberty, including illegal detentions.

A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana issued notice to all high courts on the petition filed by advocate Maheravish Rein.

Petitioner’s argument

The plea said courts “cannot afford to close” given reports of late-night arrests, early morning demolitions, and deportations or executive actions carried out on weekends and holidays.

“The absence of a structured and institutionalised mechanism ensuring continuous judicial accessibility may result in irreversible consequences before affected persons are able to approach constitutional courts,” it said.

“The protection of liberty cannot remain dependent upon the temporal boundaries of court schedules. In a constitutional democracy governed by the rule of law, the Constitution cannot fall silent at night, nor can the protection of liberty await the morning bell of the courts,” the petition added.

It also pointed out that the current system largely restricts access to judicial remedies to designated court hours, working days and limited vacation benches.

Court’s concerns

During the hearing, the bench expressed concern that round-the-clock availability could be misused for hearing non-urgent cases.

Solicitor General Tushar Mehta suggested that preparation of an SOP should be taken up by the top court on its administrative side rather than judicial side.

The matter will be heard next after responses from the high courts are received.

By Admin

Leave a Reply

Your email address will not be published. Required fields are marked *

👤 Total Visitors: 12,966