'Not Even A Semblance of Explanation For Delay': SC Admonishes Himachal Govt For 636 Days Delay In Filing Appeal Against 2018 POCSO Acquittal Judgment

The Supreme Court on Monday admonished the State of Himachal Pradesh for a delay of 636 days in filing an appeal against a High Court order acquitting an accused in a case under the Protection of Children against Sexual Offences Act, 2012 (POCSO Act). A fine to the tune of Rs 25,000 was also imposed on the State government for the unjustified delay.

A Bench comprising Justices Sanjay Kishan Kaul and Hrishikesh Roy observed with anguish,

"To say the least, we are shocked at the conduct of the petitioner-State and the manner of conduct the litigation in such a sensitive matter. There is not even a semblance of explanation for delay."

The Court also took serious objections when the State government tried to cite the ongoing Covid-19 pandemic as a plausible reason for the delay in filing the appeal even though the impugned order had been passed over a year before the pandemic began.

"On our query as to what is the reason, learned counsel seeks to contend it is because of COVID. The order was passed on 05.12.2018 and thus, we asked the counsel as to which year was the world affected by Covid 2019 or 2020 to which learned counsel's answer initially was 2019, possibly to cover the delay but realizing that it was 2020, he states that the papers were not received by him", the Court remarked.

However, since the matter involved the POCSO Act and was thus serious and sensitive in nature, the Court refused to dismiss the appeal on the ground of delay.

"But that is no excuse why the State should not be made accountable of such inordinate delay and the persons responsible for the same", the Court added.

The Apex Court then proceeded to condone the delay but directed the State to deposit costs of Rs 25,000 with the Supreme Court Group 'C' (Non-Clerical) Employees Welfare Association within 4 weeks.

The State government was also ordered to hold an enquiry, fix responsibility and recover the amount from the officers concerned who were responsible for the delayed appeal.

Case Title: State of Himachal Pradesh v. Gorkha Ram 

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