Supreme Court of Bangladesh: Full Bench of Syed Mahmud Hossain, CJ and Muhammad Imman Ali, Hasan Foez Siddique, Mirza Hussain Haider, Abu Bakar Siddiquee and Md. Nuruzzaman, JJ. allowed the appeal and passed the order in favouring extension of limitation period.
In the present appeal the Attorney General of Bangladesh, Mahbubey Alam submitted before the Court the plea to recognise the difficulties faced by the litigants of the country due to the effects of Covid-19. He further pointed out that the Subordinate Courts which although have been functioning from 05-08-2020, but there Court did not shy away from laying emphasis on the fact that there may arise a might come a situation where the country might again go under lockdown. In such circumstances, he submitted that the need to have an open-ended safeguard like that pronounced by the Supreme Court of India in Cognizance for Extension of Limitation, In re (Suo Moto WP (C) No.3 of 2020) allowing a blanket extension of all periods of limitations in all proceedings, including limitations specified in special laws, till further order was the need of the hour.
The Court on understanding the gravity of the situation reiterated that there are great possibilities of a spike in the number of Covid-19 cases in the countries. Further, the right of the litigant to come before the Court to seek remedy may not be thwarted by the emergent situation which is beyond all control and cannot be averted by humankind.
Furthermore, the Court laid emphasis on how the existing laws did not give any Court or Tribunal the authority to extend the period of limitation provided under any special law. Nevertheless, the Court recognised the singularly unprecedented, unwonted and totally unavoidable circumstances which has compelled people all over the world to be confined to their homes.
Hence, in exercise of its power and the authority vested by the Constitution under Article 104, the Supreme Court ordered that any period of limitation in filing petitions/applications/suits/appeals/revisions/all other proceedings, civil, criminal or administrative, under general or special laws, which expired on or after 26-03-2020 stands extended till 31-08-2020.
According to Article 104 of the Constitution of Bangladesh:
The Appellate Division shall have the power to issue such directions, orders, decrees or writs as may be necessary for doing complete justice in any cause or matter pending before it, including orders for the purpose of securing the attendance of any person or the discovery or production of any document.
The Supreme Court this order was of great eminence to maintain the sanctity of the principles of complete justice as given under Article 111 of the constitution.
According to Article 111 of the Constitution of Bangladesh:
The law declared by the Appellate Division shall be binding on the High Court Division and the law declared by either division of the Supreme Court shall be binding on all courts subordinate to it.
[Md. Fazlul Haque Sarder v. Grameen Phone Limited, 2020 SCC OnLine Bang SC (App) 1, decided on 06-08-2020]
