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SC Strongly Deprecates Practice Of Filing Delayed SLPs Only To Obtain Certificate Of Dismissal [Read Order]

30 Aug 2020 4:20 PM GMT
SC Strongly Deprecates Practice Of Filing Delayed SLPs Only To Obtain Certificate Of Dismissal [Read Order]

The Supreme Court has again strongly deprecated the practice of filing Special Leave Petitions with huge delays only for obtaining a certificate of dismissal.

State of Andhra Pradesh does it again!, said the bench headed by Justice Sanjay Kishan Kaul while dismissing an SLP filed by Andhra Pradesh Government on the ground of delay. The bench also comprising Justices Ajay Rastogi and Aniruddha Bose said:

The incorrigible inefficiency in filing appeal is apparent from page where the present special leave petition has been filed after a delay of 455 days. In view of Post Master General & Ors. v. Living Media India Ltd. & Anr. reported in (2012) 3 SCC 563 there are no more acceptable excuses. These are matters brought before the Court only to obtain a certificate of dismissal to put a quietus to the matter. We strongly deprecate the same.

Recently, while dismissing another SLP by the State of West Bengal, Justice Kaul led bench had observed that the Government has no right to walk into this Court as and when they want, the Supreme Court remarked while dismissing a Special Leave Petition filed by State of West Bengal for being barred in time. In that case, a delay of 1697 days was sought to be condoned on the ground that there is a public interest involved and there are certain other matters pending. "All we can say that if there is public interest involved then the Government has been grossly negligent to look after public interest.", the bench had observed.

Earlier this year, the court had, while dismissing an SLP filed by Tamil Nadu Government, said that filing of 'Certificate Cases' must be discouraged.

"We are of the view that a clear signal has to sent to the Government Authorities that they cannot approach the Court as and when they please, on account of gross incompetence of their officers and that too without taking any action against the concerned officers." Justice Kaul bench had observed thus in 2019 while dismissing an SLP filed by Bihar Government by imposing cost of Rs. 20,000 on the Government for its extraordinary delay in filing SLP.

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