Excelsior Correspondent
Srinagar, Mar 7: High Court came down on the authorities in filing the belated appeal against the writ court judgment without giving cogent reason for assailing the judgment casually after a gap of almost a year.
The Division Bench of Justice Tashi Rabstan and Justice Puneet Gupta dismissed the appeal filed by the Home Department against the judgment passed on August 31 2022. The appeal was filed after a gap of one year despite the fact the department obtained the judgment under challenge only after 16 days.
The Government counsel submitted that the file for appeal was processed by the department for sanction and on 8.8.2023 the sanction was obtained and thereafter the appeal was filed after a gap of 84 days in total the delay in filing the appeal is one year.
The counsel appearing for State submitted that the delay caused on the part of the State in filing the appeal is neither intentional nor willful and the grounds in the appeal are strong on merits and the applicant-department is sure to succeed in the appeal and in case the delay is not condoned, there would be grave miscarriage of justice.
However, the counsel appearing on behalf of the other side informed the bench that the condonation of delay application is without any basis but it is a fairy tale. He apprised the court that there is no plausible ground in the application which would goad the court to condone the delay. Lastly, he urged that the condonation of delay application being a charade, may be rejected forthwith with heavy costs.
The court after having heard the parties and on perusal of the condonation of delay application recorded that the same is an afterthought. “The condonation of delay application accompanied with appeal was filed on 01.11.2023 only after the applicants-department were served contempt notices for non implementation of the judgment dated 31.08.2022 passed by the Single Judge. “Thus, in order to scuttle and thwart the contempt proceedings, they chose to file the present application accompanied with appeal”, DB said.
The bench further added that there is also no plausible and cogent explanation forthcoming in the application. Besides, it is also not a case where the judgment impugned has been passed exparte and the applicants were oblivious of the same.
Court said the judgment under challenge was passed in presence of the counsel for the State before the Single Judge. Court recorded that no convincing explanation has been tendered in the application except the inter-departmental communications, which could justify the time which the applicants have taken in filing the appeal.
“It is a sordid state of affairs to note that the applicants took clear 11 months to obtain sanction from competent authority. The reasons shown for delay in the application in our view are not worth-having that could sway this court and dissuade us to condone the delay”, DB said.
The court further on perusal of the condonation of delay application said the same would show that the application has been drafted very casually without application of mind, as is evident from the contents of condonation application which the court said, is preposterous and irrelevant.
The DB further said that the reason for delay on this count is not whispered in the application to our utter surprise, let alone satisfactorily explained despite the fact that the applicants were supposed to explain each and every day’s delay.
“In view of the facts and circumstances of the case, we view that delay of 366 delays in filing the appeal is not satisfactorily explained. The condonation of delay application, in view of what has been stated and analyzed above, is accordingly dismissed”, Court concluded.
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