State of Punjab's 597-Day Delay in Filing Appeal Deemed Inexcusable; Application Dismissed Due to Lack of Reasonable Explanation
In a significant ruling, the Punjab and Haryana High Court dismissed an application filed by the State of Punjab seeking condonation of a 597-day delay in filing an appeal against the judgment passed by the Special Court, Ferozepur. The appeal aimed at enhancing the sentence due to its alleged inadequacy. Presided over by Justice Sumeet Goel, the court found that the State failed to provide a reasonable or plausible explanation for the delay, citing procedural and bureaucratic delays that lacked cogent proof.
The State's counsel argued that the delay was due to the procedural movement through various departments, involving opinions from the District Attorney, Assistant District Attorney, Director of Prosecution and Litigation, Department of Home Affairs and Justice, and the Advocate General's office. However, the court noted that these explanations did not meet the legal threshold for condonation. The court emphasized that liberal approaches to delay condonation do not excuse the absence of reasonable explanations.
Referencing previous judgments, Justice Goel highlighted that while a liberal approach is encouraged for substantial justice, it does not permit delays without cogent reasons. The court underscored that negligence, inaction, or a lack of bona fide should not be present when seeking such condonation. Moreover, the court pointed out that the State did not demonstrate genuine efforts or continuous diligence in addressing the delay.
The judgment also referenced the Supreme Court's stance that condonation of delay should remain an exception, not the rule, even for governmental bodies. The court concluded that the State's application failed to provide sufficient cause or exceptional circumstances justifying the delay, leading to its dismissal. Consequently, the main appeal also stands dismissed due to the dismissal of the condonation application.
The decision sends a clear message regarding the necessity for governmental bodies to exercise diligence and provide substantial justifications when seeking condonation of delays in legal proceedings.
Bottom Line:
Application for condonation of delay in filing an appeal requires a reasonable and plausible explanation. Procedural or bureaucratic delays without cogent proof or exceptional circumstances do not justify condonation of inordinate delay.
Statutory provision(s): Limitation Act, 1963, Section 5
State of Punjab v. Baldev Singh, (Punjab And Haryana) : Law Finder Doc id # 2841101
