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| DB takes serious note for undue delay in filing appeals | | |
JAMMU, MAY 26
Division Bench of Jammu & Kashmir High Court, Jammu wing, comprising Justice Nirmal Singh and Justice YP Nargotra, took serious note for filling appeals after stipulated period and directed Commissioner/ Secretary Law Department to file an affidavit giving the details of the appeals for the last two years in which there has been delay in filling the same and as to what action has been taken by the law department against the erring officials and also directed Commissioner/ Secretary Law and SSP Poonch that they shall remain present on the next date of hearing.
DB, after hearing Additional Advocate General Mr. BS Salathia and Meyank Gupta in a criminal appeal State Vs Niseer Ahmed, observed that on the last date of hearing Commissioner/ Secretary Law and SSP Poonch were directed to remain present in the Court but Mr. AH Kochak Com/Secy Law was present in person but SSP Poonch had not chosen to appear. Mr. BS Salathia AAG made a statement that due to visit of VVIP; SSP Poonch could not cause his appearance in the Court. He further made a statement that SSP Poonch will appear on the next date of hearing or whenever his presence is required.
DB further observed that in the present case there is delay of 337 days in filling the appeal. This is not the only case where the State has filed the appeal after the stipulated period but it has often come to the notice of this Court that most the appeals are being filed by the State after the stipulated period along with applications seeking condonation of delay. In some cases, the delay is not of only few days but of years together and there is no sufficient explanation from the Government that the delay has caused due to completing the administrative formalities. Upon this, DB directed Commissioner/ Secretary Law to file affidavit and appear along with SSP Poonch on the next date of hearing.
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