Jammu, Feb 15: J&K Department of Law, Justice and Parliamentary Affairs has cautioned all the Officers In Charge Litigation (OICs), concerned Law officers, government counsels, dealing with the litigation of the Union Territory of Jammu and Kashmir at different levels, against the delay in filing of appeals, LPAs, writ petitions, SLPs or applications.
They have been asked to strictly comply with the Limitation provisions.
In this connection, the department has issued a detailed set of guidelines also providing for the constitution of divisional and administrative level committees for monitoring of litigation in the Union Territory of Jammu and Kashmir for filing of appeals, LPAs, writ petitions, SLPs, applications, and strict compliance with Limitation provisions.
The guidelines have been issued after it has been observed that the references seeking accord of sanction for filing of appeals, LPAs, Writ petitions or SLPs or applications etc are more often being referred to the Department of Law, Justice and Parliamentary Affairs at fag end, after the expiry of the limitation period prescribed for availing of remedies against the judgments or orders.
“Such cases require applications seeking condonation of delay, which are drafted in casual and vague manner without giving the material particulars or details in this regard and without setting out the valid and plausible reasons for seeking condonation of delay,” noted Commissioner Secretary, Law, Justice and Parliamentary Affairs, J&K, Achal Sethi.
Taking exception to it, the Commissioner Secretary, J&K Law, Justice and Parliamentary Affairs, has pointed out that the matters are not being dealt with utmost seriousness and with due promptitude and despite the strict timelines involved in such matters, casual and lackadaisical approach on parts of the various departments of the Union Territory of Jammu and Kashmir is resulting in avoidable delay, filing of belated appeals, petitions along with applications for condonation of delay, in certain cases, dismissal of matters on the ground of limitation alone, thereby causing grave prejudice to the interests of the Union Territory of Jammu and Kashmir.
According to Sethi, the Department of Law, Justice and Parliamentary Affairs, pursuant to the Administrative Council Decision No 35/4/2021 dated March 10, 2021, has issued Government Order No 1673-JK(LD) of 2021, Government Order No 1675-JK(LD) of 2021, Government Order No 1676-JK(LD) of 2021, Government Order No 1677-JK(LD) of 2021 and Government Order No 1678-JK(LD) of 2021 dated March 24, 2021 clearly delineating the duties, responsibilities, and timelines to be adhered to by Officers ln Charge Litigation (OlCs) or Law officers or Government counsels while handling litigation on behalf of the government.
The High Court of Jammu and Kashmir and Ladakh has also issued directions from time to time for government litigation. ln furtherance, circular instructions and SOPs were issued to arrest delays in filing appeals, writ petitions, LPAs and SLPs.
“All Law Officers posted in Departments, Directorates’ Organisations and Corporations were directed to adhere strictly to the prescribed measures. In this context it would not be out of place to mention that the Schedule appended to the Limitation Act, 1963 prescribes the time period within which the remedies of appeals or applications are to be filed,” Sethi mentioned.
In this connection, he refers to Section 5 of the Limitation Act, 1963. Section 5 confers upon the courts the discretionary power to admit any appeal or application (except that under order XXI of the Code of civil Procedure, 1908) if filed after the expiry of the prescribed period of limitation, provided the erring party is able to show to the court a sufficient cause for not filing the same within the stipulated period of limitation, and the court is satisfied with sufficiency of such cause.
It is only in cases, where such “sufficient cause” for the resultant delay in filing or presenting of the appeal or application is shown by the defaulting party, and the courts are satisfied with the explanation and sufficiency of such cause that the recourse to Section 5 of the Limitation Act may be taken by the courts, and in exercise of its discretion, the delay be condoned and thereby admit the appeal or application.
Sethi also refers to the Supreme Court judgement in Shivamma (dead) by LRs versus Karnataka Housing Board & Others, Civil Appeal No 11794 of 2025 (2025 INSC 1104) vide judgment dated September 12, 2025 which has elaborated upon the strict applicability of the provisions of the Limitation Act, 1963.
“lt has further been held by the SC that the state and its instrumentalities cannot seek leniency or condonation of delay on grounds of administrative delays, file movements or official negligence,” Sethi points out.
In view of the specified directions issued by the Supreme Court and in continuation to the circular instructions issued from time to time, Sethi has instructed all the officers in Charge Litigation (OICs), concerned Law officers, government counsels, who are dealing with the litigation of the Union Territory of Jammu and Kashmir at different levels, to comply with the set of guidelines issued in letter and spirit.
The government counsels have been impressed upon that as soon as the orders or judgments are passed by the courts or Tribunal, they should apply for the certified copy of the same on the same date. On date of receipt of the order or judgment, same shall be forwarded to the Department of Law, Justice and Parliamentary Affairs or Directorate of Litigation, Kashmir or Jammu specifically indicating therein the date of application for certified copy, and date of receipt of judgment, along with his or her concrete opinion on merits of the case, as to whether the case is fit for filing of appeal or not. In both cases, i.e., filing of an appeal or implementation of the judgment, reasons should be clearly recorded by the government counsel.
As soon as the judgment or order in any case involving the government department is passed, the Divisional Level Committee comprising Director Litigation Kashmir and Jammu; Deputy Director or Assistant Director Litigation in the concerned Directorate and Law officer posted in the concerned department will examine the judgment and order and forward the same to the concerned department along with statement as to period of limitation and also upload the same in JKLMS in the prescribed format.
“There should be no delay in filing of appeal or writ petition or LPA or SLP etc., however, in exceptional cases where there is delay, the application for condonation of delay should not be drafted casually and in a routine manner without proper application of mind,” Sethi has cautioned.
“All persons who are dealing with the litigation at different levels must discharge their duties with utmost sincerity and commitment and be mindful of their responsibility There shall be accountability at every level. If any Officer in Charge Litigation (OlC), government counsel is found negligent in handling court matters, the Law department after seeking report from the Divisional Level Committee and Administrative Level Committee will, after full scrutiny, fix responsibility, when good cases are lost or adverse orders are passed in any matter against the government,” Sethi added.
He warned that the Department would consider taking appropriate action against all those found involved in accordance with the rules, including remarks of officer’s conduct in APRs.
“These instructions shall be implemented strictly in letter and spirit to safeguard government interests and ensure compliance with statutory timelines,” Sethi said.
