Section 24 in Conduct of the Government Litigation, Rules, 2000
24. Appeals by State.
(1)Government in the Law Department shall consider the proposal for filling of appeal, whether civil or criminal, to the Supreme Court, either received from the Government Advocate or Public Prosecutor in the High Court or other Government Officer, interested in the case, through his administrative department and examine whether there is a strong probability of success and/or substantial question of law of general importance or interpretation of the Constitution is involved.(2)If it is decided to file an appeal in the Supreme Court against the judgement, decree, order or sentence passed or made by the High Court, or any other court or tribunal, the Legal Remembrancer, Law Department, shall with the approval of the Government send instructions to the Standing Counsel for the State in the Supreme Court, for filing Special Leave Petition in the Supreme Court under Article 136 (1) of the Constitution, along with the following case papers:-(a)The certified copies of judgement, decree, order or sentence appealed from;(b)A Vakalatnama duly signed by the Chief Secretary in favour of the Standing Counsel;(c)Paper-Book; and(d)A detailed note explaining the law and facts of the case.The copies of the above communications shall also be sent to all concerned.Note: - Limitation period for filling of a petition for special leave to appeal to the Supreme Court is 90 days from the date judgement, decree, order of sentence to be appealed from.(3)The administrative department concerned shall then take immediate steps to prepare the parawise remarks in reply to the Special Leave Petition, Petition of Appeal and application for stay or injunction, as the case may be, and send the same along with case papers and necessary instructions, if any, to oppose the admission of petition and stay or injuction application, if any, to the Standing Counsel or Public Prosecutor concerned in the High Court, a Copy of the parawise remarks and instructions, if any, to oppose the admission of petition and stay or injunction application, as the case may be, shall also be sent by the said department to the Government Advocate for his use and also to the Legal Remembrancer. The Government Officer concerned who had been made a party in his official capacity shall send his Vakalatnama in favour of the Standing Counsel duly signed by him.(4)The Standing Counsel or Public Prosecutor concerned in the High Court shall, if the administrative department concerned so directs, prepare a counter affidavit in reply to the Special Leave Petition, Petition of Appeal and stay or injunction application, as the case may be, on the basis of parawise remarks and instructions received from the administrative department concerned. The counter affidavit shall be shorn in by the competent officer of the administrative department concerned before the Registrar or any competent officer of the High Court as the case may be. The counter affidavit then shall be sent by the administrative department concerned to the Standing Counsel in the Supreme Court so as to reach him within the time fixed for filing it in the Supreme Court. The Government Advocate or Public Prosecutor concerned shall supply a copy of the counter affidavit prepared by him to the Legal Remembrancer.Explanation: - It is, however, entirely left to the discretion of the administrative department concerned to entrust the work of drafting of counter affidavit to the Government Advocate or Public Prosecutor concerned in the High Court or the Standing Counsel in the Supreme Court.Note: - The limitation period for filing special leave to appeal to the Supreme Court in a case involving death sentence is 60 days from the date of the judgement, order or sentence under Article 133 (a) of the Limitation Act, 1963.(5)On receipt of communication under sub-rule (2), the administrative department concerned shall depute a responsible official not below the rank of Joint Secretary, having actual knowledge of the case, to contact the Standing Counsel for swearing an affidavit in support of the statement of facts and other contents contained in the petition to be filed in the Supreme Court.(6)the Standing Counsel shall file a petition for special leave in the Supreme Court within the time limit.(7)If the special leave to appeal is granted by the Supreme Court, the Standing Counsel shall send intimation thereof to the legal Remembrancer. The Standing Counsel shall then, on payment of additional court fee, if any, within the time, get the special leave petition of appeal.(8)Condonation of delay: - If for any reason the State is unable to lodge a petition for special leave to appeal in the Supreme Court within the period of limitation, the Legal Remembrancer and the head of the administrative Department or the Government Advocate of Public Prosecutor in the High Court, as the case may be, shall send their affidavits explaining the delay caused on their part, to the Standing Counsel for being filed in he Supreme Court along with the petition for special leave to appeal.(9)Remittance of amount after grant of special leave to appeal. (a) On receipt of intimation from the Standing Counsel regarding grant of Special leave by the Supreme Court, the Legal Remembrancer, shall require the administrative department concerned to remit a sum of Rs 2,000 or such amount as the Supreme Court might have directed in a particular case, to the Standing Counsel within 30 days of the filing of the petition of appeal under rule 6 of Order XV of the Supreme Court Rules, 1966 for depositing as security for the cost of the respondent in the Supreme Court. No security is payable in respect of criminal appeals;(b)The amount of expenses for printing or cyclostyling of record, on the basis of estimate prepared by the Registrar of the Supreme Court and intimated by the Standing Counsel shall be borne and paid by the Legal Remembrancer or the administrative department concerned, as the case may be.(10)The Standing Counsel shall then take further steps as per the provisions contained in Order XV of the Supreme Court Rules, 1966.
