SC weighs SOP for urgent cases affecting life, liberty
The Supreme Court has said it will examine a standard operating procedure for urgent mentions in matters affecting life and liberty outside normal court hours.
- Article 21 protects the right to life and personal liberty and is the main constitutional basis for urgent judicial relief in liberty-related cases.
- The Supreme Court is examining whether to adopt a Standard Operating Procedure for urgent mentions in life-and-liberty matters outside normal court hours.
- Chief Justice of India Surya Kant headed the three-judge Bench that heard the submission on emergency court access.
- Advocate Maheravish Rein submitted that urgent constitutional remedies should remain available when executive action can cause irreversible harm.
What happened
The Supreme Court has said it is open to examining a Standard Operating Procedure (SOP) for urgent mentions in cases involving life and liberty, including at night and on holidays. A three-judge Bench headed by Chief Justice of India Surya Kant heard a submission by advocate Maheravish Rein that courts should not remain inaccessible when immediate constitutional protection is needed.
The submission referred to situations such as late-night arrests, early-morning demolition drives, deportations, custodial violence, illegal detention, and other executive action that may cause irreversible harm before a person can approach a constitutional court during normal hours.
UPSC may test how the judiciary can ensure effective protection of Article 21 rights when urgent executive action occurs at night, on holidays, or during court recesses.
