Permission to facilitate service of summons through E-Means during times of Global Pandemic!

It’s a known fact that the global pandemic of COVID-19 has brought the world and the economies on a standstill, with the number of patients on an ever-increasing rate.

However, considering its importance for stability in the society, the judicial system in India and virtual means similar judicial authorities are functioning. 

Now, in its most recent judgment, the Supreme Court of India has placed a ruling permitting the parties to receive legal documents like summons, notices, etc. through instant messaging apps like Telegram, WhatsApp in addition to receipt of such documents in their E-mails and fax, with the reason that serving such documents physically through registered post may cause the risk of infection or may result in insufficient delivery due to lockdowns resulted also as a result of COVID-19.

The landmark decision was passed by the bench headed by the Chief Justice of India, who observed that it in such times it shall not be practicable for anyone to visit post offices for the purpose of important legal documents like notices, summons, and pleadings. Hence, the service of such documents shall be sent through e-mail on the same day along with the instant message applications like WhatsApp or other messenger services.

Another part of the judgment stated,” where such document shall be sent to the parties concerned on the number provided, two blue ticks would confirm delivery of the same and it could not be denied later”.

However, a request made by the Attorney general of India to grant permission to facilitate the service of such documents through “WhatsApp “ messenger only was declined by the Bench as it was observed that it shall not be feasible to rely on such one specific application only when there are multiple options to be available.

Conclusion:

Thus, the ruling made by the Supreme Court of India on 17th July 2020 has shown all of us that how the world is quickly adopting changes and functioning efficaciously despite in the frightening scenario of the global pandemic considering the need to hear and deliver justice to the parties as “Justice delayed is similar to justice denied”.

Author:

eStartIndia Team