Lawstreet Journal

Supreme Court of India Cannot be a Place for the Governments to Walk in When they Choose to Ignore the Period of Limitation: SC [READ JUDGMENT]

Lawstreet Journal 20 Oct 2020 8:18pm

Image courtesy: Lawstreet Journal Judiciary Supreme Court of India Cannot be a Place for the Governments to Walk in When they Choose to Ignore the Period of Limitation: SC [READ JUDGMENT]

The Supreme Court has deprecated the “inordinate delays” by government authorities in filing appeals before it and said they “must pay for wastage of judicial time” and such costs can be recovered from officers responsible.

A bench headed by Justice S K Kaul said the apex court cannot be a place for the governments to walk in when they choose to ignore the period of limitation prescribed in the statute.

“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,” said the bench, also comprising Justice Dinesh Maheshwari.

“Till the statute subsists, the appeals/petitions have to be filed as per the statues prescribed,” the bench said in its order while dealing with an appeal filed by Madhya Pradesh after a delay of 663 days.

 the top court noted the explanation given in the application for condonation of delay which stated that it was due to unavailability of documents and the process of arranging them and also that in “bureaucratic process works, it is inadvertent that delay occurs”.

“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 to ignore the period of… Continue Reading...


Tagged: Supreme Court of India  
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