SC considers SOP to hear urgent life and liberty cases after working hours, Pg8

Key Highlights:

• The Supreme Court is considering implementing a Standard Operating Procedure (SOP) to hear urgent "life and liberty" cases after regular working hours.
• A three-judge bench, led by Chief Justice of India Surya Kant, issued notice on a plea highlighting difficulties in accessing courts at night.
• The petitioner referred to Article 32(4) of the Constitution, which guarantees the right to move the Supreme Court for fundamental rights enforcement.
• The court has asked for concrete solutions and a proposed SOP to ensure effective access to justice beyond official hours.

Detailed Insights:

• The plea was filed by Advocate Maheravish Rein, arguing that current practices disproportionately affect poor litigants seeking justice at night.
• The Chief Justice of India acknowledged the need for a clear procedure, despite concerns about vague applications being filed.
• Justice Joymalya Bagchi noted that while the Supreme Court has occasionally sat at night, this is not a consistent practice for all urgent cases.
• The court distinguished between access to justice during official hours and a graded access beyond official hours, stating the latter is not a denial of justice.
• Solicitor General Tushar Mehta suggested that the Supreme Court should examine the matter administratively before involving High Courts.
• The initiative aims to uphold the principle of continuous access to justice, especially for matters concerning fundamental rights.

Key Concepts Involved:

• Standard Operating Procedure (SOP): A set of step-by-step instructions compiled by an organization to help workers carry out routine operations.
• Article 32: Grants citizens the right to move the Supreme Court for the enforcement of fundamental rights.
• Article 21: Guarantees the right to protection of life and personal liberty, a fundamental right often invoked in urgent cases.
• Access to Justice: The ability of people to seek and obtain remedies for grievances through formal or informal institutions of justice.