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Covid-19 affect: SC permits summons, notices to be served by means of digital medium – Livemint

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(Photo: Mint)
(Picture: Mint)

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. Up to date: 10 Jul 2020, 07:54 PM IST



Japnam Bindra

  • ‘Provided that the 2 blue ticks are there then it may be proved underneath Proof Act. So WhatsApp can be utilized (for summons),’ mentioned CJI S.A. Bobde
  • The apex court docket has already been listening to circumstances by means of video conferencing since March

New Delhi: The Supreme Court docket on Friday held that every one summons and notices are allowed to be served by means of digital medium, together with e-mail, fax and instantaneous messaging cell functions. The choice comes within the wake of a go to to a submit workplace not fully potential as a result of coronavirus pandemic.

In a primary, the order handed by a three-judge apex court docket bench headed by Chief Justice S.A. Bobde held that every one strategies are to be employed to offer a sound service to a celebration and it shall embody service by means of messenger companies like WhatsApp and different phone messenger companies.

This can be a important transfer because the high court docket has already been listening to circumstances by means of video conferencing since March and that is one other vital step in the direction of digitalisation of the judicial procedures on the apex court docket.

Chief Justice Bobde mentioned, “If the 2 blue ticks are there then it may be proved underneath Proof Act, but when the individual has turned it off, then it can’t be confirmed. So WhatsApp can be utilized (for summons).”

The bench additionally comprising Justices AS Bopanna and Subhash Reddy handed this order in a suo moto writ, taking cognizance of extension of the limitation interval.

On 23 March, the apex court docket had handed a normal order, wherein it indefinitely prolonged the ‘limitation interval’ for submitting appeals in opposition to orders of excessive courts or any tribunal on the apex court docket. Limitation interval is the interval wherein a celebration can file a case inside a particular variety of days from day of the dispute or an attraction to a better judicial physique in opposition to the order of a decrease judicial physique.

Whereas listening to the case by means of video conferring on Friday, the court docket refused to intervene within the Reserve Financial institution of India (RBI) resolution to increase the limitation interval for validity of cheques underneath Part 138 of the Negotiable Devices Act.

The court docket held, “Underneath Part 35A of the Banking Regulation Act, we do not think about applicable to intervene within the deadline prescribed by RBI. If RBI considers to increase, then they will do it.”

Senior Advocate V. Giri, showing for RBI, submitted that RBI had determined to not prolong the limitation interval underneath its provision as of now.

Senior advocate Shyam Divan, whereas stating the issues confronted by Money owed Restoration Tribunal (DRT), submitted in his arguments that the time period “lifting of lockdown” utilized by the court docket was imprecise and is creating drawback. He mentioned, “There’s a drawback with the utilization of expression like “lifting of lockdown”. There are areas that are containment zones and therefore DRT submitting is impacted. At occasions, there isn’t any lockdown and you may file, however the space the place you could go is perhaps a containment zone for DRT submitting. This may be taken up after 45 days.”

The bench took a notice of those submissions and noticed that the court docket may outline the phrase “lifting of lockdown” through the subsequent listening to.

Within the earlier listening to on Monday, Lawyer normal Ok.Ok. Venugopal, representing the central authorities, instructed the highest court docket that service of notices and summons ought to be permitted by means of e-mail and fax in view of Covid-19, however not by means of WhatsApp provided that the messaging app doesn’t permit the federal government to entry information even in issues regarding terrorism and pornography.

“Union authorities has reservations relating to WhatsApp. It doesn’t permit (authorities to) entry (information) in circumstances involving terrorism and pornography”, Venugopal instructed a bench headed by CJI Bobde.

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