Ministry of Law, Justice & Parliamentary Affairs.
Dated 10th February, 2010
Subject: CIVIL PETITION FOR LEAVE TO APPEAL NO.1878-l-2009
Please find enclosed herewith an Order passed by the Hon'able Supreme Court of Pakistan dated 23.12.2009 in the titled petition, the operative part of which reads as under:-
" We are pained to note that a number of cases filed by the government agencies are time barred. It is possible that such petitions are filed either to oblige the litigants or to conceal the illegality, inaction and negligence of the officers/authorities concerned. The burden of decision is thus shifted on the Court system. Such maneuver can neither be appreciated nor approved. It is well settled that Government functionaries are equal before the Courts. No preferential treatment can be shown to the Government/ or its agencies. A stock explanation of administrative delays is normally pleaded in the con-donation applications. Such explanation does not constitute a sufficient cause or a reasonable ground to be attached any weight or credibility. In fact it constitutes an admission of the guilty neglect of the concerned and thus compounds the ever-existing managemental inefficiency and lace of decision making the Government Offices. Those seeking condonation of delay are under legal duty to explain each days's delay and to show their vigilance to avoid such delays which fatally obviates a valuable remedy'.
2. All the Ministires, Division, Attached Departments, Subordinates Offices and Corporations are requested to ensure that such lapses and negligent acts are avoided in future in the interest of state and good Governance.
(Syed Nasir Ali Shah)
All Ministires/Divisison with the request to circulate the said order amongst your attached Departments/Subordinate Offices, for compliance and further necessary action.