The Supreme Court on Friday directed the CBI Director to set up a monitoring mechanism to ensure that appeals are filed without delays. The apex court's direction came when the CBI filed an appeal 647 days after the High Court verdict. As per rules appeals against HC orders are to be filed in SC within 60 days.
A Bench of Justices DY Chandrachud and MR Shah while dismissing the appeal on account of delay asked the CBI Director to ensure that steps are taken on the administrative side to monitor filing of appeals.
“We are of the view that the CBI must take all necessary steps to ensure that these kinds of delays do not occur in the future. Delays are liable to cause grave misgivings on reasons for delay. We direct Director CBI to take necessary administrative steps to monitor filing of appeals on an ICT platform so that delays don't take place,” the Court said.
In November 2018, a Special CBI judge at Raipur had convicted the accused for three years in a corruption case. The High Court by its judgment of June, 2019, reversed the judgment and acquitted the accused. The appeal against it was filed by CBI after 647 days. As per rule, appeal against trial court judgment has to be filed in High Court in 180 days and appeal against the High Court Judgment has to be filed in Supreme Court in 60 days.
When CBI stated that delay was on account of COVID, the bench said, “There is a delay of 647 days. In application for condonation of delay, explanation given is on grounds of Covid which doesn’t explain the entire duration of delay. Explanation of delay on account of Covid is not acceptable since the judgment was much before the onset of the pandemic in March 2020."