STATE OF KARNATAKA Vs. FAROOQ

JUDGEMENT

(1.) THE State of Karnataka is required to prefer appeals against several orders of acquittal or against orders where the sentences are inadequate because a scrutiny of the record and the judgment prima facie indicates that a miscarriage of justice has occurred. THEre are, in the majority of cases, instances of delay and it is a pre-requisite for the appeal to be entertained, that it must be accompanied by an application for condonation of delay. An earlier Division Bench of this Court had occasion to examine the issue and to find that, in June 1996, there were about 200 such cases pending where despite efforts by the learned Public Prosecutors in the High Court, both written and telephonic, that there was no response from the concerned officers and hence, the applications for condonation of delay could not be filed. We notice a particular pattern emerging and we do not rule out the possibility that the accused themselves who are beneficiaries, are instrumental in ensuring that this state of affairs takes place. THE non-cooperation on the part of the concerned officers is the surest indication that such a corrupt practice is prevalent. It is embarrassing for the learned Public Prosecutors in the High Court to have to keep sending reminders and requesting the Court for time again and again, when deliberate efforts are made to sabotage the appeal at lower quarters. In this background, it has become necessary for us to issue the following directions :-

(2.) A copy of this order shall be forwarded to the Minister of Law, Government of Karnataka and to the Secretary of the Department as also to the Director of Prosecutions and each of them shall acknowledge the receipt of the High Court Order and confirm to the Registrar General that the directions have been noted and that the same will be implemented. Order accordingly.