Supreme Court Considers 24×7 Emergency Hearing Protocol to Safeguard Right to Life and Personal Liberty
In a significant move aimed at strengthening constitutional protections, the Supreme Court of India has initiated consideration of a Standard Operating Procedure (SOP) that would enable urgent judicial hearings beyond regular court hours in cases involving threats to life and personal liberty. The proposal seeks to ensure that citizens facing emergencies such as illegal detention, imminent arrest, forced eviction or other grave violations of fundamental rights can access constitutional courts without waiting for the next working day.
The matter came before a Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohan on a public interest petition filed by advocate Maheravish Rein. The petitioner argued that constitutional rights cannot remain unprotected merely because an emergency arises at night, on weekends or during court holidays, stressing that delays in such cases may result in irreversible harm.
Taking note of the concerns, the Supreme Court issued notices to all High Courts on the limited question of whether a uniform SOP can be evolved for handling such urgent matters. The Bench indicated that while constitutional courts must remain accessible in genuine emergencies, any mechanism should include safeguards to prevent misuse by litigants attempting to secure hearings in matters that are not truly urgent.
During the hearing, Solicitor General Tushar Mehta suggested that the issue may be addressed through an administrative framework rather than judicial directions alone. The Court agreed that framing a practical and workable protocol would require inputs from High Courts across the country, given the differences in infrastructure, judicial strength and administrative arrangements.
The proposal reflects the Supreme Court’s broader emphasis on making constitutional courts more accessible for the protection of fundamental rights. If implemented, the SOP could institutionalise an emergency hearing mechanism for exceptional cases involving imminent threats to life and liberty, ensuring that urgent constitutional remedies remain available irrespective of the time or day.
While the Court has not yet approved a 24×7 judicial system, its decision to explore a formal emergency protocol marks an important step towards strengthening access to justice. The responses from the High Courts and subsequent deliberations are expected to shape the contours of any nationwide mechanism for after-hours constitutional hearings.
