Supreme Court Agrees for Digital Sending of Notices and Summons via Whatsapp, Telegram

Being the Apex Court of the nation, the Supreme Court on the account of the rising number of COVID-19 cases in India and foreseen non-availability of accused and related people on the assured dates of the case proceedings. The court has interim to choose a digital way for sending notices and summons for court hearing and proceedings.  According to the latest news, it is learned that Indian Legal Proceedings will create a benchmark for other sessions and district courts all over India to choose digitization. 

As stated in the legal notice, it is said that from now on notices and summons will be sent through Whatsapp, Telegram, Email, and Fax. To keep a check that whether the message has been received by the receiver or not, ‘Two Blue Tick Marks’ will be considered as a message sent to the receiver. 

Further, it was learned that if Whatsapp gets disabled by the receiver then fax and an email will be kept in the loop. 

 Getting embraced with digitalization in the whole world, the Supreme Court’s recent amendment in sending out notices and summons has seen a sea change. This revolution in Indian Legal Proceedings has also been welcomed after it was decided that on the account of coronavirus updates, courts will be allowed to have digital hearings through video conferences. 

According to the latest news, Attorney General KK Venugopal and Solicitor General Tushar Mehta in a joint sitting expressed a change in the Indian Evidence Act. it was added that serving summons via Whatsapp is well encouraged as it is through the encrypted platform. Followed by it is also learned as the receiver can easily disable the ‘Two Blue Tick Marks’ that can mark inappropriateness in the court proceeding. 

It was also added that Whatsapp allows its users to turn off the ‘Two Blue Tick Marks’ features. This additionally will not give an assured and conclusive proof of the receiving. To simplify these issues, the Supreme Court also takes heed of incorporating fax and emails (Telegram) to serve the summons inappropriate time with proper research and case evidence. 

As conversed with our sources, it was revealed that this move will boost to designate message services during this crucial time. Followed by, this process has already been used in various offices and education centers to keep the complete processes out from the clutches of Coronavirus. 

Another bench that was seated by Chief Justice S A Bobde, Justice R S Reddy and Justice A S Bopanna commenced by saying, “This innovation was needed as physical delivery of notices and summons have been difficult during the lockdown.” 

It was also added by the top courts of the country that earlier they have taken the assistance of Suo Motu (on its own) to lubricate the processes more easily and without letting anybody’s health go at stake. 

In another case, the extension of the limitation period for filing of dishonored cheque cases under section 138 of the Negotiation Instrument Act was also discussed. It was said that the apex court will not handle this as it falls under the governance of RBI.  

According to the latest news, it claimed that “Under Section 35A of the Banking Regulation Act, we don’t consider it to interfere in the working and judgment of RBI. If RBI itself considers extending it, they can surely do it. The Supreme Court also claims that it will allow the modification plea that will be under the law for 12-months-in-time which will witness the arbitrary proceeding that will stay unchanged