GOVERNMENT OF THE PUNJAB through Chief Secretary, Civil Secretariat, Lahore and others vs MUHAMMAD KHAN and others
This matter arises from petitions for leave to appeal (CPLA Nos.195-L and 199-L of 2002) filed by the Government of the Punjab against Muhammad Khan and others, which were found to be hopelessly time-barred by 89 and 97 days respectively. The core legal question addressed by the court was whether the unexplained and deliberate delay in filing the petitions warranted condonation. The Supreme Court of Pakistan held that no plausible justification was furnished to condone the delay, characterizing it as deliberate and intentional. Consequently, the court dismissed the petitions as time-barred and directed the Secretary of the Irrigation and Power Department, Lahore, to conduct a thorough probe, fix responsibility on the delinquents, and report compliance within a fortnight, thereby reinforcing the strict adherence to limitation periods in judicial proceedings.
- Whether petitions filed with a delay of 89 and 97 days without plausible justification can be entertained?
- Can delay in filing petitions be condoned when it appears to be deliberate and intentional?
These petitions (CPLA Nos.195-L and 199-L of 2002) are hopelessly time-barred and filed after a delay of 89 and 97 days respectively for which no plausible justification could be furnished on the basis whereof such delay could be condoned.
2. In our considered opinion the delay appears to be deliberate and intentional which aspect of the matter should be taken care of by the Secretary Irrigation and Power Department, Lahore, who should conduct a thorough probe and fix responsibility for said delay and action be initiated against the delinquents to stop such condemnable practice in future. A copy of this order be sent to the Secretary Irrigation and Power Department, Lahore, for compliance and report to the Registrar of this Court within a fortnight.
' Petitions are dismissed being time-barred.