Institute of Legal and Management Studies

The Supreme Court has dismissed a Special Leave Petition (SLP) filed with a delay of 2,298 days by a convict from Punjab, holding that the petition was filed merely under a legal aid programme without the convict's consent, and that such a practice amounts to misuse of process.

A Bench of Justice Pankaj Mithal and Justice Prasanna B. Varale was hearing the plea filed on behalf of Kamaljit Kaur, who was convicted by the Punjab and Haryana High Court in 2018. The petition was filed through legal aid nearly seven years after the High Court's judgment.

At the previous hearing, the Court had found the explanation for the inordinate delay unsatisfactory and had directed counsel for the petitioner to obtain instructions from jail authorities and file a more detailed affidavit explaining the reasons for the delay.

Pursuant to that direction, the Superintendent of the Central Jail, Kapurthala, Punjab filed an affidavit stating that the petitioner had never expressed any intention to file an appeal before the Supreme Court. The affidavit specifically mentioned that the convict “never approached for the filing of the special leave petition” and was “not willing to file the same” before the apex court. It clarified that the SLP was filed solely pursuant to the directions of the National Legal Services Authority (NALSA) to provide free legal aid to prisoners.

Taking note of this, the Bench observed that the petition had been filed mechanically and without the convict's volition. “In view of the aforesaid facts and circumstances, as the petitioner never expressed any desire to file a special leave petition before this Court, we are of the opinion that the filing of the special leave petition only in view of the NALSA programme is misuse of the process and the delay in filing the same does not stand explained at all,” the Court held.

Accordingly, the Bench dismissed the special leave petition on the ground of delay and ordered that all pending applications stand closed.

Case : Kamaljit Kaur v State of Punjab

Citation : 2025 LiveLaw (SC) 1035

Click here to read the order