Supreme Court - Daily Orders
Union Of India vs Rajesh Shukla on 23 July, 2021
Bench: D.Y. Chandrachud, M.R. Shah
SLP(Crl) D.14780/2021
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
Special Leave Petition (Crl) Diary No 14780 of 2021
Union of India Petitioner
Versus
Rajesh Shukla & Etc. Etc. Respondents
ORDER
1 By a judgment and order dated 3 November 2012, the Special Judge, CBI, Raipur, convicted the respondents of charges under Section 120-B, Section 420 read with Section 120-B, Section 471 read with Section 468 read with Section 120-B of the Indian Penal Code and Section 13(2) read with Section 13(1D) of the Prevention of Corruption Act 1988. The respondents were sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs 5000; rigorous imprisonment for three years and to pay a fine of Rs 20,000; and rigorous imprisonment for three years and to pay a fine of Rs 20,000 respectively. The High Court by its judgment dated 26 June 2019, reversed the judgment of the Special Judge, CBI and acquitted the respondents-accused.
Signature Not Verified Digitally signed by Chetan Kumar Date: 2021.07.26 19:46:48 IST Reason: SLP(Crl) D.14780/2021 2 2 The Registry has reported a delay of 647 days in filing the Special Leave Petitions. In the application for condonation of delay in filing the Petitions, the only averments which have been made in paragraphs 3 to 5 are as follows:
“That after receiving the order dated 26.06.2019, the said matter sent to the Legal Department and legal opinion was sought.
That thereafter the office prepared the file for filing the Special Leave Petition before this Hon'ble Court, but due to national lockdown due to Covid-19 pandemic, the competent officer were unable to reach Delhi for filing the same. When national Lockdown got over, the officers of the Petitioner handed over the file to Central Agency at Delhi to file the present Special Leave Petition.
That owing to the exigencies of the departmental procedure in obtaining the requisite clearances for filing the petition and as well as the delay incurred due to the national lockdown and thereafter, the actual process of having the Special Leave Petition drawn up by advocate of the Petitioner, there has been a delay in filing the present Special Leave Petition.”
3 The explanation on the ground of onset of Covid-19 does not explain the entire period of delay since the judgment of the High Court was rendered in June 2019, much before the onset of the pandemic in March 2020. 4 The respondents have been acquitted by the High Court on 26 June 2019. SLP(Crl) D.14780/2021 3
The Court must have due regard to the nature of the explanation in determining as to whether a case for condoning delay in filing the Special Leave Petitions has been made out. The explanation which has been set out in the application for condonation of delay is clearly insufficient to condone the delay. The CBI is directed to take all necessary administrative steps to ensure that these kinds of delays do not occur in future. Delays in the part of the concerned officials in moving the appeals within the stipulated period of limitation is liable to cause grave misgivings on the reasons of delay. A monitoring mechanism involving ICT should be adopted to facilitate proper monitoring and supervision.
5 We, therefore, direct that necessary administrative steps be taken by the CBI to ensure that the filing of the appeals and other steps required in law is duly monitored, preferably on an ICT platform so that such delays do not occur. 6 The Special Leave Petitions are dismissed on the ground of delay.
......…...….......………………........J. [Dr Dhananjaya Y Chandrachud] .…....…........……………….…........J. [M R Shah] New Delhi;
July 23, 2021 CKB SLP(Crl) D.14780/2021 4 ITEM NO.20 Court 5 (Video Conferencing) SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No.14780/2021 (Arising out of impugned final judgment and order dated 26-06-2019 in CRA No.1022/2012 26-06-2019 in CRA No.1032/2012 26-06-2019 in CRA No.1034/2012 26-06-2019 in CRA No.1040/2012 26-06-2019 in CRA No.1043/2012 passed by the High Court of Chhatisgarh at Bilaspur) UNION OF INDIA Petitioner(s) VERSUS RAJESH SHUKLA Respondent(s) (With appln.(s) I.R. and IA No.82060/2021-CONDONATION OF DELAY IN FILING and IA No.82064/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.82066/2021-EXEMPTION FROM FILING O.T.) Date : 23-07-2021 This petition was called on for hearing today. CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE M.R. SHAH For Petitioner(s) Ms. Aishwarya Bhati, ASG Ms. Garima Prashad, Sr. Adv.
Mr. Mehul M Gupta, Adv.
Mr. Rajat Nair, Adv.
Mr. Arvind Kumar Sharma, AOR For Respondent(s) SLP(Crl) D.14780/2021 5 UPON hearing the counsel the Court made the following O R D E R 1 The Special Leave Petitions are dismissed in terms of the signed order.
(CHETAN KUMAR) (SAROJ KUMARI GAUR)
A.R.-cum-P.S. COURT MASTER
(Signed order is placed on the file)