The top court also expressed concerns about whether the round-the-clock availability of courts could be misused for hearing even non-urgent cases
NEW DELHI — The Supreme Court on Tuesday agreed to examine the need for framing a Standard Operating Procedure (SOP) to ensure timely protection of the fundamental rights to life and personal liberty guaranteed under the Constitution. The SOP is to allow citizens to approach the courts even beyond the regular working hours in cases affecting life and liberty, including illegal detentions.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana issued notice to the high courts on the petition filed by advocate Maheravish Rein, a Press Trust of India (PTI) report said.
The top court also expressed concerns about whether the round-the-clock availability of courts could be misused for hearing even non-urgent cases. Solicitor General Tushar Mehta said the preparation of an SOP should be undertaken by the top court on its administrative rather than judicial side.
The petitioner contended that the courts cannot afford to close, especially in the background of credible reports of late-night arrests, early morning demolition drives and deportation or executive actions undertaken during weekends or holidays.
“The absence of a structured and institutionalised mechanism ensuring continuous judicial accessibility may result in irreversible consequences before affected persons can approach constitutional courts.”
The plea said: “The protection of liberty cannot remain dependent upon the temporal boundaries of court schedules. In a constitutional democracy governed by the rule of law, the Constitution cannot fall silent at night, nor can the protection of liberty await the morning bell of the courts”.
The proposed SOP is expected to lay down broad guidelines for the registration, listing and urgent hearing of petitions where individuals allege imminent threats to their life, personal liberty or safety. The objective is to ensure that such cases receive expeditious consideration across courts and that there is consistency in judicial practice.
During the day’s proceedings, the bench also indicated that it would consider the issue in greater detail and examine whether a structured SOP could help courts respond more effectively to urgent cases involving allegations of illegal detention, threats, harassment or other situations endangering life and liberty.
If adopted, the SOP could provide a uniform framework for handling life and liberty petitions, reducing procedural delays and ensuring faster access to judicial remedies for individuals seeking immediate constitutional protection.
