SC weighs SOP for urgent cases affecting life, liberty, Pg1

Key Highlights:

• The Supreme Court is considering framing a Standard Operating Procedure (SOP) for urgent cases affecting life and liberty.
• This SOP aims to ensure citizens can approach courts at any time, day or night, for matters like illegal detentions or demolitions.
• A three-judge Bench led by Chief Justice of India Surya Kant is hearing a petition on this matter.
• The proposed mechanism seeks to address issues arising from executive actions during non-court hours, weekends, or holidays.

SC urgent hearing.png

Detailed Insights:

• Advocate Maheravish Rein filed the petition, arguing that the protection of liberty should not be constrained by court schedules.
• The petition highlighted that the absence of continuous judicial accessibility can lead to irreversible consequences.
• The Bench suggested that the court's response time to urgent requests under the SOP could be as short as an hour.
• Solicitor-General Tushar Mehta proposed framing the SOP on the administrative side, but the Chief Justice indicated it might require a judicial order due to the federal structure involving High Courts.
• Justice Joymalya Bagchi noted that digital access to justice, including e-filing, means courts are never truly "closed."
• While technological advancements exist, they are not yet uniformly integrated into an institutional framework for emergency judicial access outside regular hours.

Key Concepts Involved:

• Standard Operating Procedure (SOP): A set of step-by-step instructions to ensure consistency and efficiency in routine operations.
• Life and Liberty: Fundamental rights guaranteed under Article 21 of the Indian Constitution, protecting personal freedom and dignity.
• Judicial Accessibility: The principle ensuring that individuals have practical and timely access to courts for legal remedies.
• Constitutional Courts: The Supreme Court and High Courts in India, vested with powers to interpret the Constitution and protect fundamental rights.