Condonation of Delay VIII: 663

Special Leave Petition has been filed with a delay of 663 days. Supreme Court of India cannot be a place for the Governments to walk in when they choose, ignoring the period of limitation prescribed. No doubt, some leeway is given for the Government inefficiencies. But, the sad part is, authorities keep on relying on judicial pronouncements for a period of time when technology had not advanced and a greater leeway was given to the Government. This position is elucidated in Post Master General, (2012) 3 SCC 563.

A preposterous proposition is sought to be propounded: if there is some merit in the case, the period of delay is to be given a go-by; if a case is good on merits, it will succeed in any case. It is really a bar of limitation which can even shut out good cases. This does not, of course, take away the jurisdiction of the Court in an appropriate case to condone the delay.

We are constrained to send a signal. Where there are such inordinate delays, Governments coming before us must pay for wastage of time.

Hon’ble Justice Sanjay Kishan Kaul, State of Madhya Pradesh v. Bherulal, [SLP (C) Diary No. 9217 of 2020].