Substantial fines from January 2026 if this mistake is repeated: Supreme Court gives ultimatum to state government
NEW DELHI: The Supreme Court has warned Kerala for delaying the filing of the affidavit in a criminal case. The bench headed by Justices Sanjiv Kumar and Alok Aradhe warned that a heavy fine will be imposed from January if affidavits are not filed within the stipulated time. The court also said that it will excuse this mistake this year. The Supreme Court was considering the bail application filed by Hariprasad V Nair, an accused in a criminal case registered at Pala police station.
The Supreme Court had directed the Kerala government to file an affidavit in the case. The state government had filed an affidavit signed by the Law Officer of Kerala House in the Supreme Court the previous day. However, due to the late filing, the affidavit was not reflected in the court records.
When the petition was considered today, Standing Counsel Harshad V. Hameed informed the court that the affidavit had been filed on behalf of the state government. However, the judges clarified that they did not receive it. The court then gave the government an ultimatum that a heavy fine would be imposed from January if the affidavit is filed late. The court also pointed out that governments should be prepared to pay a fine if they file it late. Advocate Abdulla Naseeh appeared for the petitioner.
This is not the first time the Kerala government has faced criticism for procedural delays. In a separate case in 2018, the Supreme Court imposed a fine of ₹1 lakh on the state for not filing an affidavit and repeatedly seeking adjournments.