Government Has No Right To Walk Into The Court As When They Want: SC Dismisses SLP Filed By State Of WB For 'Enormous Delay' [Read Order]

Government has no right to walk into this Court as and when they want, the Supreme Court remarked while dismissing a Special Leave Petition filed by State of West Bengal for being barred in time.

The bench of Justice Sanjay Kishan Kaul and KM Joseph was considering a plea to condone delay in filing an SLP. A delay of 1697 days was sought to be condoned on the ground that there is a public interest involved and there are certain other matters pending.

"All we can say that if there is public interest involved then the Government has been grossly negligent to look after public interest.", said the bench in the order. It also observed thus:

"A reading of the application for condonation of delay shows that in the worst case scenario, with all its delays, the matter was ready for filing of the SLP on 18.02.2015 whereafter a certified copy of the order was applied later on (one wonders why) and thereafter we straightaway come about 2½ years later on 23.08.2018. We are unable to accept the plea that the Government has a right to walk into this Court as and when they want even if other matters are pending."

While dismissing the application, the bench observed that, if the Government has suffered any consequences thereof monetarily or otherwise, it is always open to the Government to recover financial re-compensation from the persons responsible for causing loss to the Government. 

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