TMI Blog2008 (8) TMI 900X X X X Extracts X X X X X X X X Extracts X X X X ..... Kashmir was recovered. The letter contained coded information regarding RDX and Grenades as AT'TA' and 'ANAR' and was allegedly written by one Abu Ibrahim. A personal diary containing telephone numbers of Pakistan and a sum of ₹ 30,000/- suspected to be Hawala money were also recovered from the respondent. It was found that the respondent had been frequently coming to Delhi and stayed at Welcome Guest House and used to make telephone calls to his contacts in Pakistan and collected money in Delhi which he used to transfer to Srinagar through carpet dealers at Kashmir and Commission agents for goats and thus, he actually got transferred ₹ 17-1/4 lacs through Ghayasuddin and Mohd. Ahad of Srinagar. The respondent was charge sheeted under Sections 121/121A/122/124-A/120-B of Indian Penal Code, 1860 (in short `IPC') on the above allegations of being a member of TUM and for conspiring in waging war against the Government of India. The respondent was thereafter tried in the Court of the Addl. Sessions Judge, Delhi in Sessions Case No.7/98. By order dated 30.10.1998 in Sessions Case No.7/98, the learned Addl. Sessions Judge discharged the accused at t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ind out if the delay can be said to have been resulted from the cause which he had adduced and whether the cause can be recorded in the peculiar circumstances of the case is sufficient. Although no special indulgence can be shown to the Government which, in similar circumstances, is not shown to an individual suitor, one cannot but take a practical view of the working of the Government without being unduly indulgent to the slow motion of its wheels. 8. What constitutes sufficient cause cannot be laid down by hard and fast rules. In New India Insurance Co. Ltd. v. Shanti Misra (1975 (2) SCC 840) this Court held that discretion given by Section 5 should not be defined or crystallised so as to convert a discretionary matter into a rigid rule of law. The expression sufficient cause should receive a liberal construction. In Brij Indar Singh v. Kanshi Ram (ILR (1918) 45 Cal 94 (PC) it was observed that true guide for a court to exercise the discretion under Section 5 is whether the appellant acted with reasonable diligence in prosecuting the appeal. In Shakuntala Devi Jain v. Kuntal Kumari (AIR 1969 SC 575) a Bench of three Judges had held that unless want of bona fides of such inac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. But the message does not appear to have percolated down to all the other courts in the hierarchy. This Court reiterated that the expression every day's delay must be explained does not mean that a pedantic approach should be made. The doctrine must be applied in a rational common sense pragmatic manner. When substantial justice and technical considerations are pitted against each other, cause of substantial justice deserves to be preferred for the other side cannot claim to have vested right in injustice being done because of a non-deliberate delay. There is no presumption that delay is occasioned deliberately, or on account of culpable negligence, or on account of mala fides. A litigant does not stand to benefit by resorting to delay. In fact he runs a serious risk. Judiciary is not respected on account of its power to legalise injustice on technical grounds but because it is capable of removing injustice and is expected to do so. Making a justice-oriented approach from this perspective, there was sufficient cause for condoning the delay in the institution of the appeal. The fact that it was the State which was seeking condonation and not a private party was altogether ir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns of Government are collective and institutional decisions and do not share the characteristics of decisions of private individuals. The law of limitation is, no doubt, the same for a private citizen as for governmental authorities. Government, like any other litigant must take responsibility for the acts, omissions of its officers. But a somewhat different complexion is imparted to the matter where Government makes out a case where public interest was shown to have suffered owing to acts of fraud or bad faith on the part of its officers or agents and where the officers were clearly at cross-purposes with it. It was, therefore, held that in assessing what constitutes sufficient cause for purposes of Section 5, it might, perhaps, be somewhat unrealistic to exclude from the consideration that go into the judicial verdict, these factors which are peculiar to and characteristic of the functioning of the Government. Government decisions are proverbially slow encumbered, as they are, by a considerable degree of procedural red-tape in the process of their making. A certain amount of latitude is, therefore, not impermissible. It is rightly said that those who bear responsibility of Govern ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the remedy by way of an appeal or application since he is a person legally injured while State is an impersonal machinery working through its officers or servants. 15. The above position was highlighted in State of Haryana v. Chandra Mani and Ors. (1996 (3) SCC 132); Special Tehsildar, Land Acquisition, Kerala v. K.V. Ayisumma (1996 (10) SCC 634) and State of Nagaland v. Lipok AO and Ors. (2005 (3) SCC 752). It was noted that adoption of strict standard of proof sometimes fail to protract public justice, and it would result in public mischief by skilful management of delay in the process of filing an appeal. 16. We find that the appellant had indicated the reasons for the delay in filing and re-filing the revision petition. The High Court unfortunately did not deal with those explanations and merely stated that the delay has not been explained. The High Court was required to examine the correctness of the explanation given, keeping in view the principles laid down by this Court in several cases. According to us, the explanations offered were plausible and deserved to be accepted. Accordingly, we set aside the impugned order of the High Court and remit the matter to it to hear ..... X X X X Extracts X X X X X X X X Extracts X X X X
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