ISLAMABAD:
In a ruling reinforcing the principle of institutional accountability, the Supreme Court held that the state must organize itself in such a way as to enable it to operate effectively within the prescribed legal deadlines, and cannot seek to apologize for delays resulting from its own inefficiencies.
A division bench headed by Justice Ayesha Malik dismissed the Finance Ministry’s appeal in a service case due to a 20-day limitation period, observing that delay, as explained by the petitioner, was not sufficient cause. “The explanation proposed and that advanced in the application is essentially that the application could not be filed in time due to internal procedural requirements and administrative difficulties,” said a four-page judgment written by Justice Ayesha Malik.
“Both of these explanations are completely unsatisfactory, as internal procedural requirements or administrative inconveniences cannot override the legal obligation to file the application within the prescribed time limit.”
“The petitioner is fully aware of the prescribed time frame within which the petition had to be filed, but he favored the bureaucratic process without any effort to expedite the process.”
“Such conduct amounts to conscious disregard of the requirements of the law and also reflects poor enforcement within the system of governance. Poor enforcement, in this context, refers to the failure of the state to ensure that the deadlines set in the law are treated as binding,” the judgment noted.
The Court further noted that a system incapable of ensuring compliance with its own legal obligations reflects a weakness in internal accountability.
When delay is explained by reference to administrative routine rather than unavoidable circumstances, this indicates that compliance with rules depends on convenience rather than discipline.
The decision emphasizes that this type of delay is inexcusable, particularly when no effort has been made to reform or improve the procedure that caused so many delays.
“The state enforces the law on citizens and expects it to be complied with within prescribed time limits. It must therefore adhere to the same standards. If the state is allowed to ignore statutory deadlines due to its own internal inefficiencies, this creates an imbalance in the administration of justice and undermines the constitutional guarantee of equality before the law.”
She observed that when the state fails to meet these deadlines and asks for leniency for administrative delays, it shifts the consequences of its disorganization onto the court and the opposing party, who is often in a weaker position than the state.
“Good governance requires that institutions operate with clear responsibilities, internal discipline and respect for the law. If compliance depends on convenience rather than structured systems, delays become commonplace and accountability diminishes,” he added.
