Manipur High Court
State Of Manipur And Others vs Laishram Sushil Singh on 18 February, 2022
Digitally signed
RAJKUMAR by RAJKUMAR
BIDYASUN BIDYASUNDER
SINGH
Item No.9
(Through Video Conferencing)
IN THE HIGH COURT OF MANIPUR
DER SINGH Date: 2022.02.18 AT IMPHAL
17:04:53 -08'00'
MC (WA) NO. 92 OF 2021
State of Manipur and others
... Applicants
-Versus-
Laishram Sushil Singh
... Respondent
BEFORE
HON'BLE THE CHIEF JUSTICE MR. SANJAY KUMAR
HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR
18.02.2022.
(Sanjay Kumar, CJ)
By way of this misc. case, the State of Manipur and its officials
in the Police Department seek condonation of 486 days delay in preferring an
appeal against the Judgment and Order dated 27/01/2020 passed by a learned
Judge of this Court in W.P.(C) No. 591 of 2017.
Heard Mr. N. Kumarjit, learned Advocate General, Manipur,
appearing for the applicants; and Mr. K. Roshan, learned counsel, appearing
for the respondent.
Paragraph 6 of the condone delay petition sets out the
sequence of events which are stated to account for the delay. The order under
appeal was passed on 27/01/2020 but the learned Government Advocate
seems to have communicated the said fact to the authorities only on
30/01/2020. The writ petitioner furnished a copy of the said order to the
authorities under his Advocate's letter dated 11/02/2020. The Police
authorities asked the Home Department of the State on 13/02/2020 to take a
decision in respect of the order under appeal. The same was forwarded to the
Under Secretary (Home), Govt. of Manipur, by the Legal Officer (Home) on
19/02/2020 and the Under Secretary (Home) proposed on 28/02/2020 that an
appeal be filed against the said order and forwarded the same to the Deputy
Secretary (Home). In turn, the Deputy Secretary (Home), Govt. of Manipur,
forwarded the matter to the Joint Secretary (Home), Govt. of Manipur, on
29/02/2020. On 02/03/2020, the Chief Secretary, Govt. of Manipur, approved
the filing of an appeal. The file was thereupon returned to the Home
Department and a letter was addressed on 16/03/2020 to the Government
Advocate for preferring an appeal.
It appears that an application was made on 23/03/2020 for a
certified copy of the order under appeal and the same was furnished on
09/07/2020. The delay in this regard on the part of this Court is attributable
to the onset of the Covid-19 pandemic in March, 2020. This appeal was filed
on 21/10/2021.
Be it noted that by virtue of the order passed by the Supreme
Court in In-Re: Cognizance for extension of limitation, the clock stopped
ticking in so far as limitation for filing petitions, applications, suits, appeals and
other quasi-judicial proceedings were concerned. The latest order dated
10/01/2022 passed in this regard by the Supreme Court is placed on record.
Perusal thereof demonstrates that the Supreme Court clarified that the period
from 15/03/2020 till 28/02/2022 shall stand excluded while computing the
period of limitation. In effect, that period would have to be eschewed from
consideration in this application also, though it has been taken into account
by the applicants while quantifying the delay as 486 days. In consequence,
the delay on the part of the applicants, after expiry of the limitation period of
one month for filing an appeal, would be less than one month.
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However, Mr. K. Roshan, learned counsel, would vehemently
contend that the applicants are not entitled to seek condonation of the delay.
He would point out that authorities did not even choose to apply for a certified
copy of the order under appeal till long after the expiry of the period of
limitation. He would argue that their lack of bonafides and diligence would
disentitle them from seeking any indulgence from this Court. He would further
assert that proper explanation for the delay has not been offered as the
authorities were merely indulging in usual administrative red-tape.
Both sides would rely upon case law in support of their
respective contentions.
However, we are of the opinion that each case of this nature
would have to turn upon it's own individual facts and there can be no hard
and fast rule in the context of condonation of delay in the filing of an appeal.
As already noted supra, the delay in the case on hand is not substantial.
Further, some amount of file circulation is the expected norm when authorities
need to take a decision as to the filing of an appeal. No doubt, they could have
been mindful enough to arrest the progress of limitation by seeing that an
application was made forthwith for a certified copy of the judgement and order
under appeal. It is for them to take such measures at least in future cases.
Sufficient cause having been made out to explain the delay on
their part during the month of March, 2020, we find no grounds to refuse the
prayer for condonation of the same.
The misc. case is accordingly allowed, condoning the delay of
486 days in the presentation of the appeal.
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Registry is directed to number the appeal, if it is otherwise
found to be in order, and list the same for admission on 25/02/2022 before
this Bench along with MC(WA) No. 95 of 2021.
A copy of this order shall be supplied online or through
whatsapp to the learned counsel.
JUDGE CHIEF JUSTICE
bidya
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