The Supreme Court has taken a strict stance on the excessive delay in filing appeals by the Madhya Pradesh government. The apex court has directed the Law Secretary of the state to be present in court and clarify who made the decision to file the petition with such a delay.

Case Background

The case pertains to Gokulchand vs. State of Madhya Pradesh, where the state government challenged the High Court’s decision.

The state delayed filing a Second Appeal under Section 100 of the Civil Procedure Code, 1908, by 656 days.

The Madhya Pradesh High Court found no valid justification for this excessive delay and rejected the plea for condonation.

The state government then approached the Supreme Court through a Special Leave Petition (SLP), but this too was delayed by an additional 177 days.

Read Also:- Madhya Pradesh High Court Fines State Government for Alleged Violation of Land Acquisition Act

During the hearing on January 31, 2025, the Supreme Court made a strong remark:

"We admire the courage with which the State of Madhya Pradesh has been filing Special Leave Petitions in this Court over a period of time with a delay of 300/400 days."

The bench of Justice J.B. Pardiwala and Justice R. Mahadevan further noted that while the petition could have been dismissed on the grounds of delay, the court was keen to know:

"Who is the authority taking the decision that a particular High Court order is worth challenging before the Supreme Court?"

Read Also:- "Supreme Court Concludes PIL on Including Mother's Name in Child’s Documents as Most States Implement Changes"

The Supreme Court directed that the Law Secretary of Madhya Pradesh must appear before the court on February 14, 2025, along with the original files containing the decision-making process for challenging the High Court’s order.

"We would like to know who is that authority who took the decision that the order passed by the High Court is worth challenging before this Court."

Read Also:- "Supreme Court Concludes PIL on Including Mother's Name in Child’s Documents as Most States Implement Changes"

This is not an isolated case. Earlier, in December 2024, the Supreme Court had directed all states to hold government officials accountable for delays in filing appeals that cause financial losses to the public exchequer.

The case is now scheduled for its next hearing on February 14, 2025, where the Law Secretary will have to be present with complete details.