The Supreme Court, on Friday, criticized the Indian government for its habitual delays in filing legal appeals, specifically pointing to a recent case involving the National Highways Authority of India (NHAI). The court’s comments came while addressing a plea by the NHAI, which was challenging an order from the National Company Law Appellate Tribunal (NCLAT) regarding an insolvency case.
Chief Justice of India, Sanjiv Khanna, expressed concern over the systemic delays and emphasized the need for introspection within government bodies. “I think everyone is adhering to the time schedule in almost 95 percent of the cases. Why should the government of India not be able to adhere to it? There is something wrong somewhere… Introspection is necessary,” stated Chief Justice Khanna during the proceedings.
The case in question saw the NHAI appealing against a resolution plan approved without its consent under the Insolvency and Bankruptcy Code, involving a new concessionaire that allegedly disregarded the NHAI’s interests. The NHAI was particularly aggrieved by the terms introduced by the resolution plan, which it felt compromised its stakeholder position.
However, the Supreme Court was not inclined to review the merits of the NHAI’s appeal due to the significant delay involved. The NHAI’s appeal was dismissed as time-barred after being filed 295 days late, which the court noted as unacceptable. The Solicitor General Tushar Mehta, representing the NHAI, acknowledged the issue and pledged to address it, stating, “I undertake to speak to the chairman. Let him investigate why there was lethargy or otherwise.”
This incident has highlighted ongoing concerns about the efficiency of government agencies in legal proceedings and the critical need for improved adherence to procedural timelines. The Supreme Court’s call for introspection aims to prompt government authorities to examine and rectify the causes of such delays, ensuring more timely and effective legal processes.
