Publication Details
Extension of the Limitation for Legal Proceedings by the Appellate Division in Fazlul Hoque v. Grameen Phone Limited.
First Amendment Case Comments
Abstract
The COVID-19 lockdown put legal systems around the world under a lot of strain. In Bangladesh, pursuant to a notification issued by the Registrar General of the Supreme Court, all courts in the country were closed from 29 March 2020. The backlog of cases already large, began to increase. However, like courts in most countries, the courts of Bangladesh quickly moved on to an online platform. Initially "Microsoft Meetings" was used, but then the courts chose to operate on "Zoom" which although more user friendly was less secure. To facilitate online court proceedings, the President promulgated the "Use of Information and Communication Technology by Courts Ordinance, 2020". This Ordinance not only allowed the courts to operate on online platforms but by a deeming clause included virtual presence within the definition of physical presence. This had important implications, particularly in cases of anticipatory bail, where the accused is required to surrender before the High Court Division and be physically present before the judges. By the middle of 2020, it became apparent that COVID-19 had begun to affect legal proceedings in another major way. With limited opportunities for filing during the lockdown, the limitation for initiating legal proceedings were running out. Whilst section 5 of the Limitation Act, 1908, provided scope for condoning the delay if sufficient cause could be shown, there were many other legal remedies under special laws such as the Administrative Tribunals Act, 1980, where the delay could not be condoned by the courts (see Giasuddin Ahmed v. Serajul Islam 6 Mainstream Law Reports (Appellate Division) 173). Many litigants had been non-suited and there was a looming possibility that many more would be prevented from raising their grievances before the courts. Thus, by an interim order passed on 6 August 2020 in Fazlul Haque Sarder v. Grameen Phone Limited (reported in 74 Dhaka Law reports (Appellate Division) page 63), the Appellate Division 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 March 2020 stands extended till 31 August 2020." This order was purportedly passed under the Appellate Division's power to do complete justice under Article 104 of the Constitution. The short two-page order was later incorporated into the main judgment passed on 17 December 2020.