State of Jharkhand through SP, CBI occasioned a delay of 157, 113 and 222 days in filing appeals before SC against Lalu Prasad [Crl. A. 394/2017], Sajal Chakraborty [Crl. A. 393/2017] & Dr. Jagannath Mishra [Crl. A. 395/2017].

It was submitted by Ram Jethmalani, averments made in applications seeking condonation of delay were based upon earlier authorities which no longer were good law. He relied on Post Master General, (2012) 3 SCC 563 and Amar Nath Yadav, (2014) 2 SCC 422. His submission was, law of limitation binds everybody equally and defense of impersonal machinery and inherited bureaucratic methodology cannot be accepted in view of modern technology being used and available; more so in light of aforesaid decisions. The CBI Manual provides for filing appeals expeditiously. CBI was bound by its Manual and in violation of provisions contained without sufficient explanation, delay could not be condoned.

Considering facts and circumstances, gravamen of matter and also divergent views taken by the same Judge of High Court in the same case vis-à-vis different accused persons on the same question, SC considered it its duty not to throw away on ground of delay.

Isn’t it judicially improper [*] to reject Jethmalani? Hon’ble Justice Arun Mishra thus noted:

“The criticism made by Senior Counsel is not wholly unjustified. CBI ought to be guided by its Manual. It is expected of it to be more vigilant. It has failed to live up to its reputation. In instant case, lethargy on its part is intolerable. If CBI fails to act timely, peoples’ faith will be shaken in its effectiveness. Director of CBI to look into the matter and saddle the responsibility on a concerned person. In important cases Director, CBI should devise methodology which should not be cumbersome as reflected in these cases, otherwise in future, Director, CBI cannot escape responsibility for delay in such cases to be termed as deliberate one, which is intolerable.”