"We Are Dealing With The Premier Investigating Agency":SC Pulls Up CBI For 314 Days Delay In Filing SLP, Directs To Fix The Responsibility For Delay

The Supreme Court directed the Central Bureau of Investigation to fix the responsibility for delay in filing Special Leave Petition.

The bench comprising Justices Sanjay Kishan Kaul and Hemant Gupta was considering an SLP filed by CBI against Delhi High Court judgment which had reversed the conviction recorded by the Trial Court.

Before the bench, ASG RS Suri, submitted that dismissal on limitation would amount to letting person convicted by the trial Court albeit reversed by the High Court getting away scot free. 

"We are dealing with a premier investigating agency, the CBI! Learned ASG submits that dismissal on limitation amounts to letting person convicted by the trial Court albeit reversed by the High Court getting away scot free. If that be the  position, first it is the CBI which has to show some seriousness in the matter of fixing responsibility on the persons responsible for the inordinate delay of 314 days in filing the SLP.", the bench observed after it took note of the delay of 314 days.

The court said that the CBI has given no satisfactory explanation for the delay. We thus direct the CBI to hold an enquiry; fix the responsibility and place that before us, before requesting us to issue notice, the court said while posting the case after two months.

The bench headed by Justice Kaul have been pulling up Governments and Public Authorities for delayed SLP filing by imposing costs.  "The approach of the Union of India in the manner it has filed the present special leave petition exasperates us", the Court had remarked while dismissing Special Leave Petitions filed by the Central Government with a delay of 6616 days.

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