COLLECTOR, CUSTOMS AND CENTRAL EXCISE vs FAZAL HUSSAIN and 4 others
This matter concerns a review petition filed against an order of the Supreme Court of Pakistan, which had previously dismissed a Civil Petition for Leave to Appeal due to an unconscionable delay in filing. The Supreme Court had earlier observed that the delay appeared to be the result of collusion between officers of the Central Board of Revenue and the respondents, and had directed the Chairman of the Central Board of Revenue to identify the responsible officers and initiate disciplinary proceedings under the Efficiency and Discipline Rules. In the review petition, the petitioner argued that the delay was not unconscionable. The Supreme Court rejected this contention, holding that the review petition essentially sought to re-argue the merits of the original order, which is not a valid ground for review. The Court reaffirmed its earlier view that the delay was motivated and mala fide, noting a recurring pattern where government functionaries intentionally cause delays and subsequently seek condonation to evade accountability. Consequently, the review petition was dismissed.
- Can a review petition be maintained solely to challenge the correctness of the views taken by the Court in the original order?
- Is a delay in filing a civil petition for leave to appeal that is motivated and mala fide subject to condonation?
- Efficiency and Discipline Rules
ORDER
1. ' MUHAMMAD BASHIR JEHANGIRI, ACTG. C.J.---This is a petition for review of the judgment of this Court delivered on 19-9-2000, whereby Civil Petition for Leave to Appeal No,1080 of 2000 was dismissed and the condonation of delay sought for was declined. In the above context the observations made by this Court are reproduced hereunder:-- ....Prima facie it is a glaring case of collusion between the Officers of the Central Board of Revenue and respondents No,1 and 2 for ulterior motives. The concerned Collector Customs or for that matter any other Officer of the department are directed to be identified by the Chairman, Central Board of Revenue who were responsible for this unconscionable delay in processing the case and proceed against them under the Efficiency and Discipline Rules under intimation to Registrar of this Court within 60 days."
2. Mr. M. Akram Chaudhry, learned Advocate Supreme Court appearing on behalf of the petitioner has urged that the above observations made by this Court call for review thereof inasmuch as the delay that occurred in filing of civil petition for leave to appeal was not unconscionable. We have not been impressed by the contention raised by the learned counsel for the petitioner, because it really amounts to challenging the correctness of the views taken by this Court in the order now sought to be reviewed, and this cannot be a ground for a review. The Court had given a considered opinion on the plea taken for the condonation of delay in the application moved in this behalf and repelled the same for cogent reasons.
3. ' In the result, we are still of the view that the delay that had occurred in filing of civil petition was motivated, mala fide and had to be checked because in almost all the Government cases such pleas are always raised before this Court for condonation of delay which the functionaries do cause intentionally with ulterior motives and then try to save their skin by taking such pleas.
4. ' This review petition being without any merits is accordingly dismissed.