The Supreme Court has ruled that a statutory appeal filed by a prisoner cannot be rejected merely because it was late, describing that approach as incompatible with access to justice.
Milu Sinku’s challenge to a murder conviction had been dismissed by the Orissa High Court after a delay of 2,538 days. The Supreme Court said a jail appeal should be adjudicated on its merits when the convicted person remains in custody.
The bench set aside the dismissal, condoned the delay and remanded the appeal for a substantive hearing. It also granted Sinku bail, noting that he had been incarcerated for more than 12 years without the appellate court examining his conviction.
The High Court was asked to hear the case expeditiously, while Sinku must cooperate with the proceedings. The order reinforces that procedural delay should not extinguish appellate scrutiny where personal liberty and a serious conviction are at stake.
