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SC Pulls Up M’rashtra Govt For ‘Casual’ Approach In Filing Delay Condonation Applications [Read Order]

Ashok K.M
11 Jan 2018 8:03 AM GMT
SC Pulls Up M’rashtra Govt For ‘Casual’ Approach In Filing Delay Condonation Applications [Read Order]
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The least we expect is that the language is such that it can be understood, said the Supreme Court, as it took a strong exception to the ‘casual’ approach of the Maharashtra Government in filing delay condonation applications.

The bench comprising of Justice J Chelameswar and Justice Sanjay Kishan Kaul Court dismissed a Special Leave Petition filed by the state against acquittal, on the ground of delay.

The court took note of the explanation in the affidavit filed by the state, which read as follows: “That the main reason of delay in filing the instant Special Leave Petition that the State Government was sent of relation of Legislative Assembly in State of Maharashtra when the present Government came in existence the total staff of Government Advocate penal was changed. Due to disturbances, some files could not have been traced and a proper step of filing has not been taken...”

The bench remarked: “The aforesaid paragraph makes no sense. What the learned counsel for the petitioner explains is that there is new panel of lawyers even though the Government changed 3 years ago.”

The bench said that it strongly deprecates such practice and the manner in which such a petition was filed and directed the Chief Secretary of the State of Maharashtra to personally look into the matter as to how and why the matter should not have been examined on merit at the earliest and why the state is casual in filing application for condonation of delay before the court.

Read the Order Here

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