Govt Agency Not a Privileged Litigant: Calcutta High Court Refuses To Condone 302 Days Delay in Filing Appeal by CBI

Case: Central Bureau of Investigation v. Biman Kumar Saha & Anr

Coram: Justice Bibek Chaudhuri

Case No.: CRMSPL 3 of 2019

Court Observation: “..the Government or a Government agency is not a privileged litigant. The Government agency is required to explain the delay in the same manner like that of an ordinary litigant to get the relief of condonation of delay under Section 5 of the Limitation Act”

“The petitioner has stated in the said paragraph different dates when the file was sent to different offices of CBI. It has not been stated why the office of various heads of office of CBI took unusual time to release the record and finally allowed the appeal to be filed after expiry of 302 days of Limitation.”

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