By Diksha-
Supreme Court Bench comprising Justices Sanjay Kishan Kaul and Dinesh Maheshwari comdemned the Madhya Pradesh Government last week for filing an appeal after an extravagant delay of 663 days.
The Hon’ble Court passed an order saying, “We are constrained to pen down a detailed order as it appears that all our counseling to Government and Government authorities have fallen on deaf ears i.e., the Supreme Court of India cannot be a place for the Governments to walk in when they choose ignoring the period of limitation prescribed.”
The MP Government filed an application in the SC stating that there was delay in filing the appeal because of unavailablility and process of arranging the documents. Further, if there is some merit in the case, the delay should be condoned by the Court!
The Court condemned the timely inaction of the government authorities by saying that the government authorities are under a special obligation to perform their duties with due care and diligence. Condonation of delay in filing applications is only an exception and cannot be used as a probable benefit by the government departments.
The Court opined, “We have raised the issue that if the Government machinery is so inefficient and incapable of filing appeals/petitions in time, the solution may lie in requesting the Legislature to expand the time period for filing limitation for Government authorities because of their gross incompetence. That is not so. Till the Statute subsists, the appeals/petitions have to be filed as per the Statues prescribed.”
This issue pertained to ‘Certificate cases’ as categorically pointed out by the Hon’ble Court where the object appears to be to get a certificate of dismissal from the Supreme Court to put ‘quietus on an issue’ and therefore, say that nothing can be done in the case as the issue has already been dismissed by the High Court.
The Court further slammed the counsels of all the Governments saying that they straightaway enter the Court and start with the merits of the case without putting any light on the issue of delay in filing the application.
The Court imposed a fine of Rs.25000 on the Petitioner state for misusing the precious time of the Court.
