(Kurian Joseph and Sanjay Kishan Kaul, JJ.)
The State of Rajasthan _____________________________ Petitioner
v.
Man Sukh Das __________________________________ Respondent
Special Leave Petition (Civil) Diary No(s). 4941/2018, decided on July 3, 2018
(IA No. 31442/2018-Condonation of Delay in Filing SLP and IA No. 31446/2018-Exemption From Filing C/C of the Impugned Judgment and IA No. 31452/2018-Exemption From Filing O.T.)
The Order of the court was delivered by
Order
1. On 16.3.2018, the Court passed the following Order:—
“This is a case where the appeal was dismissed on the ground of delay of 554 days. Further, in filing this special leave petition there is a delay of 273 days. There is no sufficient explanation for the delay.
Though we are not inclined to issue notice on the special leave petition, having regard to the public interest, we are of the view that the State of Rajasthan should file an affidavit.
The Chief Secretary of the State of Rajasthan is directed to file an affidavit, within four weeks, on the following points:—
1. Whether there is any litigation policy in the State?
2. What is a mechanism for conduct of cases in the High Court and the Supreme Court?
List after four weeks.”
2. The State has now filed an affidavit wherein it is indicated that there are some executive instructions with regard to the litigation policy. We feel that this may not be quite sufficient.
3. It is only in the interest of the State that they should have a comprehensive litigation policy in which they should also be able to have the liability fixed on the persons who cause the delay. Appropriate steps should also be taken to avoid unnecessary delay and such things should be reflected in the litigation policy.
4. We direct the State to frame such a policy codifying all the instructions issued and incorporating the safeguards, some of which we have indicated above, within a period of twelve weeks.
5. In the facts of this case, we do not find that this is a fit case to exercise our jurisdiction under Article 136 of the Constitution of India. The special leave petition is dismissed on the ground of delay.
6. A copy of the litigation policy framed may be placed for the perusal of this Court, after twelve weeks.
7. Pending application(s), if any, stand disposed of.
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