One Step Forward, Two Steps Back?

The news in relation to the recent orders of the Registrar of the Supreme Court (“SC") is particularly significant owing to the contradictions in the positions across regulators and the Judiciary. For the uninitiated, it was reported that as a Registrar Court of the SC ordered that the service of notice on a party via Whatsapp or email was not valid as per the SC Rules.

Order XXVII of the Supreme Court Rules, 2013 (“Rules”) provides the procedure to issue summons. Among other things, it provides that the summons is to be served by sending a registered post to the Attorney-General for India or the Advocate-General for the State, as the case may be, or to an advocate-on-record of the defendant empowered to accept service. Order LIII of the Rules provides for service of the documents by the Registry as provided in the Civil Proceedure Code or the Criminal Proceedure Code. However in the case of a ‘dasti’ service (i.e. service through party) where it is directed or allowed, the party shall (unless permitted otherwise), within fifteen days of issue of dasti, tender the 'dasti' notice to addressee in person and obtain an acknowledgment of service from the addressee.

To be sure, one of the orders of the Registrar related to dasti service as per the report.

Although there seemed to be a paradigm shift at various courts and regulatory authority’s service system for the mode of services owing to COVID19, instances of using the online method was not new to the system. Whatsapp and email means have been accepted and infact used even in 2017 through 2019. It would also be pertinent to note that the Securities and Exchange Board of India, through an amendment to the Procedure for Holding Inquiry and Imposing Penalty Rules, on December 31, 2021, introduced service of notices via inter alia by electronic instant messaging services along with electronic email therefore ushering in a new trend.

And therefore, this begs the question – why not amend all applicable rules to embrace technology.

Disclaimer: Any opinions /views stated herein are solely that of the Author's and not of HS Law & Associates.