Delayed Appeals Against Acquittals: Rajasthan High Court Gives State 5 Weeks To Frame Litigation Policy, Warns Chief Secretary

The Rajasthan High Court has granted final opportunity of 5 weeks to the State government to come up with a new litigation policy to provide for an effective and efficient mechanism to curb the tendency of filing appeals with delay.

The division bench of Justice Mahendra Kumar Goyal and Justice Bhuwan Goyal directed the presence the Chief Secretary, the Principal Law Secretary, and the Finance Secretary, on the next date, in the event the above-mentioned timeline was not complied with.

For context, the Court was hearing a batch of criminal appeals, filed by the State against acquittals with inordinate delays. Since the applications under Section 5, Limitation Act, were found to be perfunctory by the Court, the State was directed to file an additional affidavit.

Eventually it was realized that in case the explanation given in the additional affidavits were accepted and the appeals were allowed, it would result in giving a license to the State Government for preferring leave to appeals in all the cases with delay.

In this background, it was proposed by the State Government that they shall come up with the new litigation policy.

However, the Court observed that despite availing several opportunities, the new policy was still not in place.

Accordingly, while granting last opportunity to the State to bring out the new litigation policy within a period of 5 weeks, the Court directed appearance of the aforementioned in case the State failed to follow the timeline.