Delhi HC criticizes state delays in filing appeals

The Delhi High Court has raised "serious concerns" over repeated instances of delay by the state in filing appeals and said a liberal approach can't be a shield for "systemic apathy" or "bureaucratic inefficiency".

Justice Swarana Kanta Sharma on July 4 warned against any prejudice to the administration of criminal justice by avoidable procedural lapses or lack of diligence on the part of those entrusted with ensuring timely legal action.

"Victims, particularly those belonging to marginalised or economically weaker sections of society, often lack the means or resources to pursue independent legal remedies and instead rely on the State machinery to seek justice on their behalf.

"When the State delays in challenging orders which may adversely affect the victim's case, such as an order of discharge, it is not merely a procedural lapse but a setback to the victim's pursuit of justice," the order said.

Such delays jeopardise victims' right to a fair and complete adjudication of allegations, eroding their faith in the system meant to protect them, it added.

The high court hearing the state's plea for condonation of 325 days' delay in filing a revision petition against a trial court order.

The trial court discharged a man in a case of culpable homicide not amounting to murder under IPC and provisions of the SC/ST (Prevention of Atrocities) Act.

The prosecutor argued that due to administrative formalities and movement of the file from one table to another, the prescribed limitation period expired, resulting in a delay in filing the revision petition.

He claimed the delay was neither deliberate nor intentional and deserved to be condoned in the interest of justice.

The accused, however, opposed the state's contention.

While the court condoned the delay, it cautioned the state against the "repeated instances" of delay in filing appeals or revision petitions which were "a matter of serious concern".

The order continued, "While courts may, in appropriate cases, adopt a liberal approach while condoning such delays, this cannot become a shield for systemic apathy or bureaucratic inefficiency." A copy of the order was directed to be shared with the director of prosecution of Delhi government who would examine the circumstances surrounding such delays and adopt appropriate steps mitigate future instances.

The step is expected to ensure every stakeholder – from the investigating officer to the prosecutor to the administrative departments – discharges their role with a sense of responsibility and within a clearly defined time frame.

"The state shall form an appropriate policy in this regard, and the same shall be placed before this court within a period of one month from date of the receipt of this order," it said.