Right to appeal a fundamental right, particularly in cases affecting liberty: Supreme Court

New Delhi: The Supreme Court has said the court cannot dismiss an appeal, involving the liberty of an individual, as time-barred without examining the reasons for the delay. The right of appeal from a judgment is also a fundamental right within the expansive meaning of Article 21 of the Constitution.

A bench of Justices B V Nagarathna and N Kotiswar Singh set aside the Madhya Pradesh High Court's order of March 2, 2023, as erroneous for it dismissed an appeal filed by petitioner Mahesh Singh Banzara against his conviction and sentence of 10 years in a rape case due to delay.

Condoning the delay of 1637 days, the bench restored the matter to the file of the High Court and requested it examine the appeal on merits and in accordance with the law.

The petitioner said his conviction and sentence would attain finality given the dismissal of his plea for condoning the delay of 1637 days.

He claimed he could not file an appeal on time as he went out to earn money for the purpose which was construed by the High Court as him absconding after the conviction and sentenced by the trial court in 2015.

As a result, he has been deprived of his opportunity of assailing the said conviction as well as sentence, his counsel said.

Considering the matter, the bench pointed out, in 'Dilip S Dahanukar Vs Kotak Mahindra Co Ltd,' (2007), the court observed that an appeal is indisputably a statutory right and an offender who has been convicted is entitled to avail the right of appeal which is provided for under Section 374 of the Criminal Procedure Code. 

"Right of Appeal from a judgment of conviction affecting the liberty of a person keeping in view the expansive definition of Article 21 is also a Fundamental Right," the court said. 

The court also cited 'Rajendra Vs State of Rajasthan,' (1982), in which the apex court said where the appellant furnishes reasons for delay in filing an appeal, the court would not dismiss the appeal as time-barred without examining the reasons for the delay. 

"Hence, it is evident that the right to appeal, particularly when it concerns the liberty of an individual, is a fundamental right under Article 21 of the Constitution. The High Court's order dismissing the appeal solely due to delay, without properly examining the reasons for the delay, therefore, warrants reconsideration," the bench opined in its order on January 2.

The court emphasised the necessity of examining the reasons for the delay in filing an appeal since the dismissal based on mere technicalities, without a substantive assessment of the appellant's reasons, was erroneous.