Supreme Court Mulls SOP For After-Hours Hearings In Life And Liberty Cases

New Delhi, Jul 15 (KNN) The Supreme Court on Tuesday agreed to explore the creation of a standard operating procedure (SOP) to enable urgent hearings in cases involving threats to life and personal liberty, even outside regular court hours.

A three-judge bench led by Chief Justice of India (CJI) Surya Kant, along with Justices Joymalya Bagchi and V Mohana, issued notice on a public interest litigation filed by advocate Maheravish Rein.

Concerns Over Limited Night-Time Access

The petitioner argued that litigants facing urgent threats often struggle to approach courts at night, particularly when immediate intervention is required. She highlighted that access to legal aid and court processes is largely restricted to daytime hours, forcing applicants to wait until the next morning even in critical situations.

The plea cited instances where delayed access could endanger individuals, including a case involving an interfaith couple allegedly denied timely protection.

Court Acknowledges System, Flags Gaps

The bench observed that mechanisms for urgent listings already exist in the Supreme Court and High Courts, but acknowledged shortcomings in how such requests are handled at the initial filing stage.

CJI Kant noted that while courts are willing to hear urgent matters promptly, many applications lack clarity, making immediate listing difficult. Justice Bagchi added that while access to justice exists, there may be differing assessments of urgency by court officials.

Proposal for Structured Response Mechanism

The court indicated that a structured SOP could help ensure timely responses to urgent requests, potentially requiring authorities to act within a defined timeframe. However, it emphasised that any such system must be carefully designed to prevent misuse.

Scope Likely Limited to Life and Liberty Cases

Appearing in the matter, Solicitor General Tushar Mehta cautioned against broad criteria, warning that loosely defined urgency could lead to a surge in non-essential or commercial cases seeking after-hours hearings.

The bench agreed that the proposed SOP should be restricted to cases involving life and personal liberty to avoid abuse of the system.

Consultations Planned Before Implementation

The CJI said inputs would be sought from High Courts and the Supreme Court registry before finalising any procedure. He underlined that while the idea of courts functioning round-the-clock has been discussed, effective implementation would require clear and practical guidelines.

The matter remains under consideration as the court evaluates ways to balance urgent access to justice with procedural safeguards.

(KNN Bureau)