Jammu & Kashmir High Court
State Of J & K vs Azeem Aslam And Another on 6 December, 2021
Sr. No. 13
HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
AT JAMMU
SLA No. 105/2015
in
CONCR No. 91/2015
State of J & K ....Petitioner/Appellant(s)
Through :- Mr. Bhanu Jasrotia, GA
V/s
Azeem Aslam and another ....Respondent(s)
Through :- None.
Coram: HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
ORDER
CONCR No. 91/2015
1. This is an application seeking condonation of delay of 588 days in
filing the criminal acquittal appeal against the judgment dated
28.09.2013 passed by learned Additional Sessions Judge, Rajouri in
File No. 15/35/Special title "State v. Azeem Aslam and another".
2. A bare perusal of this application reveals that the same has been
drafted in a very vague and casual manner as the State has not even
mentioned on which date it had applied for obtaining the certified copy
of the impugned judgement. It is averred that the sanction for filing
appeal against the judgment dated 28.09.2013 has been accorded by the
Law Department on 23.03.2015 i.e., after a period of one and a half
year of passing of judgment.
3. It is averred by the applicant-State that the delay in filing the appeal is
due to procedural aspect. The present application along with the leave
to appeal and the acquittal appeal has been filed on 18.08.2015 that too
about 5 months from the date of receiving of sanction. Even the
applicant-State has not made any efforts to take steps for the service
upon respondents despite a lapse of more than five years. The applicant
has failed to give any cogent reason for this delay, let alone explain
day-to-day delay in filing the appeal. Delay in filing appeal after the
statutory period of limitation prescribed cannot be condoned as a
matter of course. The party seeking condonation of delay was required
to satisfy the Court that there was sufficient cause justifying
condonation of delay. Merely saying that the delay was on account of
procedural aspect, is not sufficient cause to condone the delay. The
Hon'ble Supreme Court in SLP (Civil) Diary No(s).19846/2020 titled
as Union of India Vs. Central Tibetan Schools Admin & Ors.,
decided on 04.02.2021 while dismissing it on account of delay
observed as under:-
"We have repeatedly being counselling through
our orders various Government departments,
State Governments and other public authorities
that they must learn to file appeals in time and set
their house in order so far as the legal department
is concerned, more so as technology assists them.
This appears to be falling on deaf ears despite
costs having been imposed in number of matters
with the direction to recover it from the officers
responsible for the delay as we are of the view that
these officers must be made accountable. It has
not had any salutary effect and that the present
matter should have been brought up, really takes
the cake!
The aforesaid itself shows the casual
manner in which the petitioner has approached
this Court without any cogent or plausible ground
for condonation of delay. In fact, other than the
lethargy and incompetence of the petitioner, there
is nothing which has been put on record. We have
repeatedly discouraged State Governments and
public authorities in adopting an approach that
they can walk in to the Supreme Court as and
when they please ignoring the period of limitation
prescribed by the Statutes, as if the Limitation
statute does not apply to them. In this behalf,
suffice to refer to our judgment in the State of
Madhya Pradesh & Ors. v. Bheru Lal [SLP [C]
Diary No.9217/2020 decided on 15.10.2020] and
The State of Odisha & Ors. v. Sunanda
Mahakuda [SLP [C] Diary No.22605/2020
decided on 11.01.2021]...."
4. For the foregoing reasons and discussions made hereinabove, the
application for condonation of delay is dismissed. Resultantly, the
application seeking leave to appeal as well as criminal acquittal appeal
shall also stand dismissed.
(Tashi Rabstan)
Judge
Jammu:
06.12.2021
Sahil T
Whether the order is speaking? : Yes/No
Whether the order is reportable? : Yes/No
