STATE OF PAKISTAN vs Dr. MUHAMMAD USMAN FAROOQUI
This matter concerns a petition for leave to appeal filed by the State of Pakistan against an order of the High Court granting bail to the respondent. The petition was filed with a significant delay of 393 days. The petitioner sought condonation of this delay, citing departmental procedures, including the time taken to obtain a copy of the impugned order and the subsequent administrative processing required to obtain approval from the Law and Justice Division and the Ministry of Interior for filing the appeal. The core legal question was whether these administrative and departmental delays constituted sufficient grounds for condonation of delay under the relevant limitation laws. The Supreme Court held that the grounds provided by the petitioner were insufficient to justify the substantial delay. Consequently, the Court dismissed the petition as time-barred, affirming the principle that departmental negligence or procedural delays within government offices do not automatically constitute 'sufficient cause' for condoning delays in filing legal proceedings before the Supreme Court.
- Does departmental delay in obtaining approval for filing an appeal constitute sufficient cause for condonation of delay?
- Can a petition for leave to appeal be dismissed solely on the grounds of being time-barred?
- Article 189, Constitution of the Islamic Republic of Pakistan 1973
ORDER
1. ' This petition is barred by 393 days. In the application for condonation of delay, the petitioner has given the following grounds:---
(1) That the Hon'ble High Court allowed the bail application of the accused/respondent without considering the principles laid down for the grant of bail by this Hon'ble Court and thereby violated Article 189 of the Constitution of the Islamic Republic of Pakistan, 1973.
(2) That the order impugned was passed on 27-4-1998 in Criminal Bail Application No.547 of 1998 by the learned Single Judge in the High Court which is not sustainable in law, illegal and in excess of powers vested to the High Court in the matter of grant of bail.
(3) That the petitioner applied for copy of the aforesaid order on 5th May, 1999 and the copy was made ready on 20-5-1999. After obtaining the copy of the order, the office of the petitioner sent the matter to the Law and Justice Division as well as Ministry of Interior for their approval/sanction for filing a petition for leave to appeal in this Hon'ble Court. The process took some time and due to other departmental communications, the matter delayed and the petition could not be filed in time. The delay is bona fide and needs indulgence by this Hon'ble Court. The departmental delays may be condoned in the larger interest of justice, equity and good. Conscience."
2. ' The above grounds mentioned in the application for condonation of delay hardly make out sufficient case for condonation of delay. The petition is accordingly dismissed as time-barred.