Kiran Raj

The Supreme Court of India, Division Bench of Justice Pankaj Mithal and Justice Prasanna B. Varale dismissed a Special Leave Petition filed by a convict from Punjab after finding a delay of 2,298 days in its submission. The Court observed that the petition had been instituted solely under a legal aid initiative and without the convict’s own decision to pursue it, concluding that such filing constituted a misuse of judicial process. Emphasizing the absence of any satisfactory explanation for the delay, the Bench declined to condone it and dismissed the petition accordingly.

The matter concerned a Special Leave Petition (Criminal) filed by a convict from Punjab against a judgment of the Punjab and Haryana High Court at Chandigarh. The petition was filed through legal aid with a delay of 2,298 days. The petitioner sought condonation of delay in filing. The Court directed counsel for the petitioner to obtain instructions from the jail authorities and to file an affidavit explaining the delay from the date of the judgment.

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An affidavit was subsequently filed by the Superintendent, Central Jail, Kapurthala, Punjab. It stated that the petitioner had not approached for the filing of any special leave petition and was not willing to pursue the same before the Supreme Court of India. The affidavit also mentioned that the petition had been filed only pursuant to the directions of the National Legal Services Authority (NALSA) to provide free legal aid to prisoners. No other evidence or statutory provision was relied upon.

The Bench observed that “the present special leave petition was filed on behalf of the convict with a delay of 2298 days through the legal aid.” It recorded that it had “permitted the counsel for the petitioner to seek instructions from the jail authorities and to file a better affidavit so as to explain the delay from the date of the judgment.”

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After considering the affidavit submitted by the Superintendent, the Court stated that “the petitioner-accused never approached for the filing of the special leave petition and that she was not willing to file the same before the Supreme Court of India.” The Bench noted that “the special leave petition has been filed merely in view of the directions of National Legal Services Authority (‘NALSA’) to provide free legal aid to needy persons and prisoner.” It recorded that “as the petitioner never expressed any desire to file a special leave petition before this Court, the filing of the special leave petition only in view of NALSA programme is misuse of the process and the delay in filing the same does not stand explained at all.”

The Court stated that “the special leave petition is dismissed on the ground of delay.  “Pending application(s), if any, shall stand closed.”

Advocates Representing the Parties

For the Petitioner: Mr. Rameshwar Singh Malik, Senior Advocate; Ms. Savita Devi, Advocate; Mr. Jitesh Malik, Advocate; Mr. Rajiv Kumar Sinha, Advocate-on-Record.

Case Title: Kamaljit Kaur v. State of Punjab
Case Number: SLP (Criminal) Diary No. 31797/2025
Bench: Justice Pankaj Mithal, Justice Prasanna B. Varale