SC: For condoning delay by state, court has to consider bureaucratic delay

The Hon’ble Supreme Court, on 22nd October 2019, in the matter of The State of Manipur & Ors. v. Koting Lamkangpronounced that while deciding an application for condonation of delay by the state, it is necessary for the court to also be conscious of the bureaucratic delay, the slow pace in reaching a Government decision and the routine way of deciding whether the State should prefer an appeal against a judgment adverse to it.

The Hon’ble Supreme Court observed that:

While deciding an application for condonation of delay by the state, it is necessary for the court to also be conscious of the bureaucratic delay and the slow pace in reaching a Government decision and the routine way of deciding whether the State should prefer an appeal against a judgment adverse to it.  (Para 8)

While deciding an application for condonation of delay by the state, due regard should be given to the impersonal nature of the Government’s functioning where individual officers may fail to act responsibly. This in turn, would result in injustice to the institutional interest of the State. If the appeal filed by State are lost for individual default, those who are at fault, will not usually be individually affected. (Para 9)

Copy of judgement: Judgement_22-Oct-2019

-Adv. Tushar Kaushik

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