Whatsapp: +91 7669297140
Please Wait a Moment
Menu
Dashboard
Register Now
Legal Vol 41 Ex 11 (English)
Font Size
+
-
Reset
Backspace:
0
Timer :
00:00
In view of the averments made in the applications, we are satisfied that delay has been sufficiently explained and considering the facts and circumstances of the case, gravamen of the matter and also the divergent views taken by the same judge of the High Court in the same case vis-a-vis different accused persons on same question, we consider it our duty not to throw away petition on the ground of delay. The explanation offered by the CBI of movement of file so as to condone the delay so as to subserve the ends of justice, deserves to be accepted. No doubt about it that the CBI ought to have acted with more circumspection and ought to have followed the CBI Manual. It is regrettable that we are receiving majority of the special leave petitions filed in this Court barred by limitation not only on behalf of the Government but also by the other private litigants. Not only that the special leave petitions are preferred with the delay but in refiling also enormous time is consumed, and this Court in order to advance substantial justice is not throwing away cases only on limitation. Sufficiency of cause has to be judged in a pragmatic manner so as to advance cause of justice. No doubt about it that litigants are supposed to act with circumspection within limitation and that there should not be delay and laches and State machinery should not be differentiated vis-a-vis with the private individual in the matter of filling the appeals, petitions etc., however, in the facts and circumstances of the case and considering the averment in the applications, we deem it appropriate to condone the delay in filling the appeals in this court. In this case, we are surprised at the conduct of the CBI in such important matters how such delay could take place. The CBI ought to have been careful in filling the Special Leave Petitions within limitation considering the factual matrix of the case. The criticism made by the senior counsel for respondent is not wholly unjustified CBI ought to be guided by its Manual, if CBI fails to act-timely people’s faith will be shaken in its effectiveness. Let the director of CBI look into the matter and saddle the responsibility on a concerned person. In important cases Director, CBI should devise methodology which should not be cumbersome as reflected in these cases, otherwise in future Director, CBI cannot escape the responsibility for delay in such cases to be termed as deliberate one, which is intolerable. Being the head of the institution, it was the responsibility of the Director, CBI to ensure that appeals were filed within limitation. There should not have been delay in filing special leave petitions at all. Resultantly, we set aside the impugned judgments and orders passed by the High Court, allow the appeals and direct the trial court concerned to expedite the trial and to conclude the same as far as possible within a period of nine months from today.
Submit
Submit Test !
×
Dow you want to submit your test now ?
Submit