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2017 (5) TMI 490
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....Constitution of India and Section 300 of Code of Criminal Procedure, 1973 (for short 'the Cr.PC'), the High Court has quashed RC No.64A/96 against Lalu Prasad Yadav, four cases against Dr. Jagannath Mishra being RC Nos.64A/96, 47A/96, 68A/96 and 38A/96 and two cases against Sajal Chakraborty being RC Nos.20A/96 and 68A/96 on the ground that they have been convicted in one of the cases for offences involving the same ingredients with respect to Chaibasa treasury. 2. In the wake of large scale defalcation of public funds, fraudulent transactions and fabrication of accounts in Animal Husbandry Department of State of Bihar popularly known as fodder scam, Central Bureau of Investigation (for short, 'the CBI') investigation had been ordered by this Court in State of Bihar & Anr. v. Ranchi Zila Samta Party & Anr. (1996) 3 SCC 682 to investigate corruption in public administration, misconduct by the bureaucracy, fabrication of official records, misappropriation of public funds by an independent agency. This Court directed CBI to do investigation and inform the Chief Justice of Patna High Court. On the re-orgnisation of the State of Bihar by virtue of Bihar Re-organisation Act, 2000, Sta....
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....e where the offences were committed could easily be identified as the place where the treasury concerned was situate and laid down thus : "37. Thus, when it is certain where exactly the offence under Section 13 of the PC Act was committed it is an unnecessary exercise to ponder over the other areas wherein certain allied activities, such as conspiracy or preparation, or even the prefatory or incidental acts were done, including the consequences that ensued." (Emphasis Supplied) "42. Thus, if the PC Act has stipulated any place for trial of the offence under that Act the provisions of the Code would stand displaced to that extent in regard to the place of trial. We have, therefore, no doubt that when the offence is under Section 13(1) ( c ) or Section 13(1)( d ) of the PC Act the sole determinative factor regarding the court having jurisdiction is the place where the offence was committed." (Emphasis Supplied) 4. With respect to adoption of evidence in various cases as evidence with respect to conspiracy was to be common, this Court has observed in Braj Bhushan Prasad (supra) thus : "50. To avoid the confusion and repetition of the exercise, we make it ....
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....t acts i.e. monies siphoned out of different treasuries at different times, we fail to see as to how these cases could be amalgamated." "14. Before we part it must be mentioned that it had been complained that the appellants would be forced to hear the same evidence 5/6 times. If the appellants or any of them feel aggrieved by this and if they so desire, they may apply to the Special Judges that evidence recorded in one case and documents marked as an exhibit in one case be used as evidence in other cases also. This would obviate their having to hear the same evidence in 5/6 different cases. We are sure that if such an application is made, the same will be considered by the Special Judge on its merit, after hearing all the other accused". (Emphasis Supplied) This Court had noted the grievance that accused persons would be forced to hear the same evidence 5-6 times, but ordered that they may apply to the Special Judges that evidence recorded in one case and the document marked as an exhibit in one case be used as evidence in other cases also. 6. Lalu Prasad Yadav was prosecuted and convicted in RC No.20(A)/96 with respect to aforesaid period 1.4.1994 to 31.1.1995 rela....
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....shed vis a vis Sajal Chakraborty in RC No.20(A)/96 relating to Chaibasa Treasury and RC No.68(A)/96 relating to Chaibasa Treasury for misappropriation of Rs. 37.62 crores during the financial year 1992-93. 9. It was submitted on behalf of CBI that though the same learned Judge of the High Court has quashed the proceedings in the aforesaid cases with respect to Lalu Prasad Yadav, Dr. Jagannath Mishra and Sajal Chakraborty owing to their conviction in one of the cases, however, with respect to accused Dr. R.K. Rana, the same Judge in criminal W.P. No.226/2011 has declined to quash the criminal prosecution in pending six other cases owing to his conviction in RC No.22A/96. Prayer for quashing of criminal prosecution in RC Nos.20A/96, 33A/96, 38A/96, 47A/96, 64A/96 and 68A/96 had been declined but the same very cases have been quashed by taking a contrary view in the impugned judgment and order. 10. It was submitted by Shri Ranjit Kumar, learned Solicitor General appearing for CBI that as the offences relate to different treasuries for different financial years, for different amounts running into several crores with the help of different fake allotment letters, supply orders, dif....
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....arges for conspiracy for the years 1988 to 1996 at Deoghar, Dumka, Ranchi, Patna and other places had been framed. In pursuance thereof an amount of Rs. 89,27,164.15/- has been withdrawn from Deogarh Treasury. As the conspiracy for Chaibasa and Deogarh is the same the evidence has already been adduced in the case relating to Chaibasa treasury. Thus for one and the same conspiracy respondent Lalu Prasad Yadav cannot be tried over again in view of Article 20(2) and section 300 Cr.PC. It was further contended that the respondent is being prosecuted in two separate cases arising out of the Chaibasa Treasury namely R.C. No.68 (A)/1996 and R.C. No.20 (A)/1996. The first is when the money was siphoned out of the Treasury in 1992-93 and the second is for the period from 1.4.1994 to 30.1.1995 when the money was withdrawn from the Treasury. In other words, it is the prosecution case itself that between 1992-1995 money was being regularly siphoned out of the Chaibasa Treasury. The charge for conspiracy also states that the conspiracy was from 1990-1997. This is further proof of the fact that the conspiracy referred to by the prosecution for the Treasuries of Chaibasa and Deogarh is one and th....
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....arate conspiracies. Since there was a single conspiracy in the instant case, accused cannot be tried and punished for defalcations made in different periods separately. So far as treasury payment is concerned there is no evidence against Lalu Prasad Yadav. Besides, it is a case where there is no evidence against the accused. 15. It was submitted by Shri Adit S. Pujari, learned counsel appearing on behalf of Sajal Chakraborty, that the main case set up against the respondent is that he did not take any steps to find out the cause of heavy withdrawal of Rs. 50.56 lakhs on a single day by co-accused Dr. B.N. Sharma. He was Deputy Commissioner, Chaibasa from September, 1992 to July, 1995. He did not exercise control to prevent misappropriation of Government funds from Chaibasa treasury. The formal charge is identical in RC Nos.51(A), 20(A) and 68(A). It was further alleged by the prosecution that the accused had developed a nexus with co-accused persons and had obtained from co-accused as a reward for services rendered - a laptop and two printers for himself. The accused Sajal Chakraborty was convicted by the trial court for certain offences under sections 409, 420, 465, 467, 468, 4....
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....andry. The amount involved is different, fake vouchers, fake allotment letters, fake supply orders had been prepared with the help of different sets of accused persons. Though there is one general conspiracy, offences are distinct for different periods. Question arises whether there is one general conspiracy pursuant to which various defalcations of different amounts have been made running into several years from different treasuries, by different sets of accused persons. Whether there could have been only one trial or more than one. Whether legal requirement is for one trial or more than one in such cases. Article 20(2) of the Constitution is extracted hereunder : "20. (2) No person shall be prosecuted and punished for the same offence more than once." 17. Article 20(2) says that no person shall be prosecuted and punished for the same offence more than once. This is called the doctrine of double jeopardy. The objective of the Article is to avoid harassment, which may be caused by successive criminal proceedings, where the person has committed only one crime. There is a law maxim related to this, nemo debet bis vexari. This means that no man shall be put twice in peril ....
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.... to which the firstmentioned Court is subordinate. (6) Nothing in this section shall affect the provisions of section 26 of the General Clauses Act, 1897, (10 of 1897) or of section 188 of this Code." 18. Section 300 refers to sections 220 and 221 Cr.PC. No doubt it appears that a person who has been convicted or acquitted of the "same offence" cannot be tried again considering the aforesaid provisions. Section 220(1) provides that if one series of acts is so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with and tried at one trial for every such offence. Section 220(1) is extracted hereunder : "220. Trial for more than one offence.--(1) If, in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence." 19. Section 221(1) is applicable where it is doubtful what offence has been committed. When a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved would constitute, t....
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....eding three for same kind of offence under section 219(1). Section 219 is reproduced hereunder : "S.219. Three offences of same kind within year may be charged together.-- (1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three. (2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Indian Penal Code (45 of 1860 ) or of any special or local law: Provided that, for the purposes of this section, an offence punishable under section 379 of the Indian Penal Code (45 of 1860 ) shall be deemed to be an offence of the same kind as an offence punishable under section 380 of the said Code, and that an offence punishable under any section of the said Code, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence." 23. It is apparent from section 212 rea....
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....e be simple; it would confuse accused and cause prejudice to them, for more often than not accused who have taken part in one of the minor offences might have not only to undergo the long strain of protracted trial, but there might also be the likelihood of the impact of the evidence adduced in respect of other accused on the evidence adduced against him working to his detriment. Nor can it be said that such an omnibus charge or charges would always be in favour of the prosecution for the confusion introduced in the charges and consequently in the evidence may ultimately benefit some of the accused, as a clear case against one or other of the accused may be complicated or confused by the attempt to put it in a proper place in a larger setting. A Court should not be overzealous to provide a cover of conspiracy for a number of offences unless it is clearly satisfied on the material placed before it that there is evidence to prove prima facie that the persons who committed separate offences were parties to the conspiracy and they committed the separate acts attributed to them pursuant to the object of the said conspiracy." (Emphasis Supplied) 25. This Court in Ranchhod Lal v. State....
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....d with a year in the charge. When so done, the charge is deemed to be the charge of one offence. If several distinct items with respect to which criminal breach of trust has been committed are not so lumped together, no illegality is committed in the trial of those offences. In fact a separate trial with respect to each distinct offence of criminal breach of trust with respect to an individual item is the correct mode of proceeding with the trial of an offence of criminal breach of trust. (15.) Learned counsel for the appellant also relied on S. 234, Code of Criminal Procedure and urged that three offences of criminal breach of trust could have been tried at one trial as sec. 234 provides that when a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for any number of them not exceeding three. This again is an enabling provision and is an exception to sec. 233, Code of Criminal Procedure If each of the several offences is tried separately, there is nothing illegal about it. I....
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...., however, not necessary that every one of these elements should co-exist for a transaction to be regarded as the same." Further, it was held that: "Where, however, several offences are alleged to have been committed by several accused persons it may be more reasonable to follow the normal rule of separate trials. But here, again, if those offences are alleged not be wholly unconnected but as forming part of the same transaction the only consideration that will justify separate trials would be the embarrassment or difficulty caused to the accused persons in defending themselves." (Emphasis supplied) When several offences are alleged to have been committed by several accused persons this Court has laid down that normal rule is of separate trials. 28. In Sardar Sardul Singh Caveeshar v. State of Maharashtra (1964) 2 SCR 378, this Court considered the question of conspiracy in a case where the accused had first defrauded one Jupiter company and thereafter another company called Empire. Argument was raised that once having been convicted of conspiracy qua the Jupiter case, he could not be convicted qua company called Empire. This Court relying upon judgment in State of B....
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.... issue of fact. It seems to us that the later finding must necessarily be in contradiction of the previous determination. There can be no such contradiction if the periods are different and the facts relating to the carrying on of the duties of a cashier are different."(Emphasis supplied) 30. It is pertinent to mention here that this Court in this very case has negatived the contention of joint trials and amalgamation of trials in the aforesaid decisions. When parties are different, issue of estoppel would not arise. The substantive offence is that of defalcation. Conspiracy was an allied offence to the substantive offence. 31. Section 218 deals with separate charges for distinct offences. Section 219 quoted above, provides that three offences of the same kind can be clubbed in one trial committed within one year. Section 220 speaks of trial for more than one offence if it is the same transaction. In the instant case it cannot be said that defalcation is same transaction as the transactions are in different treasuries for different years, different amounts, different allotment letters, supply orders and suppliers. Thus the provision of section 221 is not attracted in the inst....
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....ect of Tikam had been fully worked out and even if the two incidents could be taken to be connected by unity of time and place (which they were not), the offences were distinct and required separate charges. The learned Sessions Judge was right in breaking up the single charge framed by the magistrate and ordering separate trials. In this view the prior acquittal cannot create a bar in respect of the conviction herein reached." (Emphasis Supplied) (b) In Maqbool Hussain v. The State of Bombay (1953) SCR 730 this Court has laid down thus : "Appellant had smuggled gold into India and was booked u/s 167(8) of the Sea Customs Act, 1878 and subsequently when no one came to claim the gold, he was charged 11/8 8 0f FERA. He challenged this as violation of Art. 20(2). The Court analysed the scope of Art. 20(2) and held that the "prosecution" must be before a court of law or judicial tribunal. The plea of double jeopardy was discarded as it was held that the Customs authorities were not a judicial tribunal or court. For double jeopardy, the test is whether the former offence and the offence now charged have the same ingredients in the sense that the facts constituting the ....
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...., there is no bar for separate trials. In State of Bihar v. Murad Ali Khan & Ors. (1988) 4 SCC 655 it was held : "The expression "any act or omission which constitutes any offence under this Act" in Section 56 of the Wild Life (Protection) Act, 1972 merely imports the idea that the same act or omission might constitute an offence under another law and could be tried under such other law or laws also. Further held that, if there are two distinct and separate offences with different ingredients under two different enactments. a double punishment is not barred. The same set of facts can constitute offences under two different laws. An act or an omission can amount to and constitute an offence under the IPC and at the same time constitute an offence under any other law." (g) In State of Rajasthan v. Hat Singh & Ors. (2003) 2 SCC 152 this Court was dealing with vires of Rajasthan Sati (Prevention) Act, 1987. It was urged that sections 5 and 6 of new Sati Act were overlapping. It was held that with regard to Article 20(2) that subsequent trial or a prosecution and punishment are not barred if the ingredients of two offences are distinct. There can be separate offences f....
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.... accused persons were not identical but were different, and as such FIRs. were not relating to the same offence as different acts happened in different places. As such the provisions contained in section 186 Cr.PC would not apply. (k) In State of NCT of Delhi v. Sanjay etc. (2014) 9 SCC 772 this Court considered the maxim "nemo debet bis vexari pro una et eadem causa" i.e. no man shall be put in jeopardy twice for one and the same offence. In case ingredients are different there can be separate trial for the same offence also. This Court has laid down thus : "52. It is well known principle that the rule against double jeopardy is based on a maxim nemo debet bis vexari pro una et eadem causa, which means no man shall be put in jeopardy twice for one and the same offence. Article 20 of the Constitution provides that no person shall be prosecuted or punished for the offence more than once. However, it is also settled that a subsequent trial or a prosecution and punishment has no bar if the ingredients of the two offences are distinct." 34. In the light of aforesaid discussion, it is appropriate to consider the submissions raised by Shri Surendra Singh, learned sen....
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....rent at different places, by different accused persons. As and when a separate offence is committed, it becomes punishable and the substantive charge which has to be taken is that of the offence under the P.C. Act etc. There was conspiracy hatched which was continuing one and has resulted into various offences. It was joined from time to time by different accused persons, so whenever an offence is committed in continuation of the conspiracy, it would be punishable separately for different periods as envisaged in section 212(2), obviously, there have to be separate trials. Thus it cannot be said to be a case of double jeopardy at all. It cannot be said that for the same offence the accused persons are being tried again. 36. Learned senior counsel has relied upon the decision of this Court in S. Swamirathnam (supra) in which the charge disclosed one single conspiracy, although spread over several years. There was only one object of the conspiracy, and that was cheating members of the public. The fact that in the course of years others joined the conspiracy or that several incidents of cheating took place in pursuance of the conspiracy, does not change the conspiracy and does not s....
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....several years. There was only one object of the conspiracy and that was to client members of the public. The fact that in the course of years others joined the conspiracy or that several incidents of cheating took place in pursuance of the conspiracy did not change the conspiracy & did not spilt up a single conspiracy into several conspiracies. It was suggested that although the modus operandi may hove been the same, the several instances of cheating were not part of the same transaction. Reliance was placed on the case of Sharpurji Sorabji v. Emperor : AIR 1936 Bom 154 and on the case of Choragudi Venkatadari In re ILR 33 Mad 592. These cases are not in point. In the Bombay case no charge of conspiracy had been framed and the decision in the Madras case was given before Section 120-B, was introduced into the Indian Penal Code. In the present case, the instances of cheating were in pursuance of the conspiracy and were therefore parts of the same transaction." It is apparent from the aforesaid decision that this Court did not consider various provisions and question of double jeopardy did not arise for consideration. It was held in the facts that there was no prejudice to the acc....
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.... of the modus operandi of the conspiracy and with the intention and object of sharing the profits arising out of the acts of the conspirators. We do not therefore see that the mere fact that licences were issued in the names of eight different companies make out the case against the appellant and the other conspirators to be a case of eight different conspiracies each with respect to the licences issued to one particular fictitious company." It is apparent that the case is quite distinguishable. In the instant case different accused persons exist with the help of whom amount has been withdrawn in different years. It is not a case that only a few persons had benefited each and every year, when the facts are juxtaposed. Thus, it would be a case of different offences. The decision has no application and this Court was not concerned with the provisions of Article 20 or section 300 Cr.PC and other provisions relating to separate trial contained in the Cr.P.C. 38. Another decision relied upon by learned senior counsel is Mohd. Hussain Umar Kochra etc. v. K.S. Dalipsinghji & Anr. AIR 1970 SC 45. The facts indicate that 40 accused persons were at Bombay and other places from 1.11.195....
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....nues until it is broken up. The conspiracy may develop in successive stages. There may be a general plan to accomplish the common design by such means as may from time to time be found expedient. New techniques may be invented and new means may be devised for advancement of the common plan. A general conspiracy must be distinguished from a number of separate conspiracies having a similar general purpose. Where different groups of persons co-operate towards their separate ends without any privity with each other each combination constitutes a separate conspiracy. The common intention of the conspirators then is to work for the furtherance of the common design of his group only. The cases illustrate the distinction between a single general conspiracy and a number of unrelated conspiracies. In S.K. Khetwani v. State of Maharashtra ,S. Swaminatham v. State Madras the Court found a single general conspiracy while in R. v. Griffiths [1965] 2 All E.R. 448 the Court found a number of unrelated and separate conspiracies. 16. In the present case, there was a single general conspiracy to smuggle gold into India from foreign countries. The scheme was operated by a gang of internationa....
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....eir separate ends without any privity with each other, each combination constitutes a separate conspiracy. It was held that in the case there was single general conspiracy to smuggle gold into India from foreign countries. The contention raised was that separate conspiracies were raised by the accused in the facts of the said case. The facts are quite different in the instant case. The question which has come up for consideration did not arise in the aforesaid decision and this Court has held that there was no prejudice caused to the accused persons by not making separate trials. 39. The modus operandi being the same would not make it a single offence when the offences are separate. Commission of offence pursuant to a conspiracy has to be punished. If conspiracy is furthered into several distinct offences there have to be separate trials. There may be a situation where in furtherance of general conspiracy, offences take place in various parts of India and several persons are killed at different times. Each trial has to be separately held and the accused to be punished separately for the offence committed in furtherance of conspiracy. In case there is only one trial for such cons....
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.... cannot be tried again for the same offence. To that it must be added that the verdict is binding and conclusive in all subsequent proceedings between the parties to the adjudication." (Emphasis Supplied) 41. In Manipur Administration (supra) this Court has affirmed the decision in Pritam Singh v. The State of Punjab AIR 1956 SC 415 which in turn relied upon decision in Sambasivan (supra). Thus it was contended that CBI is barred from adducing evidence in respect of the allegations for which the respondent Sajal Chakraborty has been subsequently acquitted by the High Court and the conviction recorded by the trial court has been set aside. Finding had been recorded by the High Court that there was no mechanism with the respondent to check illegal withdrawal from treasury. Receiving of laptop and illegal gratification has not been proved as a reward and the accused did not take any step to find out causes of heavy withdrawal of Rs. 50.56 lakhs in a single day by co-accused Dr. B.N. Sharma. Learned counsel has further submitted that earlier there was no such practice to send the yearly allocation information to the Deputy Commissioner. Thus the CBI cannot try the accused on the bas....
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....opted for the purpose of carrying out such object. 9. Under these circumstances, in my judgment, it would not b; right to put the accused man on his trial for the second time in respect of the same evidence and in respect of the same matters upon which he has already been unanimously acquitted by the Jury." (Emphasis Supplied) The said decision has no application to facts of the cases. 43. The counsel has referred to State of Bombay v. Umarsaheb Buransaheb Inamdar AIR 1962 SC 1153 dealing with the bar in section 222 of Cr.PC, 1898 corresponding to section 212 of Cr.P.C., 1973 and section 235 of old Code corresponding to section 220 of Cr.P.C. in which this Court has observed : "6. The charge could have been split up into two charges, one with respect to the offence of criminal breach of trust committed with respect to be amount embezzled between March 6, 1949 and March 5, 1950 and the other with respect to the amount embezzled between March 6, 1950 and June 30, 1950. The two offences of criminal breach of trust could have been tried together in the present case, as the offences were said to have been committed in pursuance of the criminal conspiracy entered ....
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....egally camping on the highway under section 127 of the Highways Act, l959. One of the primary ingredients of such crime was being a 'gipsy'. There were two complaints registered against him, albeit on different dates. In the first case, he was accused of being a gipsy as on 22nd December, 1965 and he was acquitted. In the second case, he was accused of being a gipsy and illegally camping on 13th March, 1966. He took the plea of issue estoppel. Lord Parker, CJ & Lord Diplock, J. saw it differently whilst disallowing the plea of issue estoppel. They held that the second case came later in time and evidence with regard to his status as on the later date cannot be estopped. Being a gipsy was not a permanent disposition. Lord Diplock held that issue estoppel, in criminal proceedings takes the form of the 'rule against double jeopardy'. In that sense, issue estoppel is distinct when applied to civil and criminal proceedings. In similar light, rejecting the application of issue estoppel to the facts of that case, Lord Parker, CJ held: "I am by no means convinced, for reasons into which I find it unnecessary to go, that the doctrine as applied in civil cases has any application in crimi....
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....he High Court order dismissing his application for quashing of criminal proceedings initiated by R-1 under SC, ST (Prevention of Atrocities) Act, 1989. The dispute was over some agricultural land in Delhi over which multiple FIRs. and writs were filed. Counsel for the appellant pleaded on the grounds of issue estoppel stating that the issue had already been settled by the High Court. While allowing the appeal, this Court then drew a distinction between 'issue-estoppel' and 'double jeopardy' holding the former not to be a bar on a second proceeding but merely acting as estoppel qua prior findings. 49. Thus, it is apparent that it is premature to raise the plea of issue of estoppel before evidence is recorded for different sets of accusations of different offences for different periods. Then it is difficult to say that prosecution would be bound by the finding in a previous trial on a similar issue of fact and there may not be any contradiction if the periods are different and with respect to culpability for different periods and without fear of contradiction, separate findings can be recorded. In what manner the duty has been carried on for different periods would be the question....
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....de in the applications seeking condonation of delay are based upon earlier authorities which no longer can be said to be good law. He has relied upon the decisions in Postmaster General & Ors. v. Living Media India Ltd. & Anr. (2012) 3 SCC 503 and State of U.P. thr. Exe. Engineer v. Amar Nath Yadav (2014) 2 SCC 422. His submission is that Law of Limitation binds everybody equally including the Government and defense by the Government of impersonal machinery and inherited bureaucratic methodology cannot be accepted in view of the modern technology being used and available; more so in the light of the aforesaid decisions. Delay in moving files from one department to another is not sufficient explanation for condoning abnormal delay. Condonation of delay is an exception and should not be used as an anticipated benefit for the Government department. The case was investigated by CBI from beginning to end and the CBI Manual provides mechanism for filing appeal expeditiously. The CBI was bound by its Manual and in violation of the provisions contained in Manual without sufficient explanation, the delay cannot be condoned. 53. Reliance was also placed on Ajit Singh Thakur & Anr. v. Stat....
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....stances of the case, gravamen of matter and also the divergent views taken by the same Judge of the High Court in the same case vis a vis different accused persons on same question, we consider it our duty not to throw away petition on the ground of delay. The explanation offered by the CBI of movement of file so as to condone the delay so as to subserve the ends of justice, deserves to be accepted. No doubt about it that the CBI ought to have acted with more circumspection and ought to have followed the CBI Manual. It is regrettable that we are receiving majority of the special leave petitions filed in this Court barred by limitation not only on behalf of the Government but also by the other private litigants. Not only that the special leave petitions are preferred with the delay but in refiling also enormous time is consumed and this Court in order to advance substantial justice is not throwing away cases only on limitation. 56. Sufficiency of cause has to be judged in a pragmatic manner so as to advance cause of justice. No doubt about it that litigants are supposed to act with circumspection within limitation and that there should not be delay and laches and State machinery ....