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Procedural or Administrative Delays cannot Justify the Condonation of Delay in filing Review Petitions --- Supreme Court of Pakistan Dismiss Time Barred Review Petitions Filed by Government Departments

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Islamabad 04-04-2025: In a significant ruling, the Supreme Court of Pakistan has reiterated the binding nature of statutory limitation periods, dismissing a petition filed by the Federation of Pakistan (FOP) seeking condonation of delay in filing a review petition beyond the prescribed timeframe.

The case titled Federation of Pakistan through Secretary M/o Energy (Power Division) Vs. Saif Power Ltd. arose from a Civil Review Petition [CRP No. 566-P of 2024] which was filed after a delay of 129 days. The Federation sought condonation under the pretext of procedural delays, citing internal approvals and consultations.

However, a three-member bench of the Supreme Court of Pakistan comprising Hon’ble Mr. Justice Mansoor Ali Shah, Hon’ble Mr. Justice Jamal Khan Mandokhail, and Hon’ble Mr. Justice Muhammad Ali Mazhar unanimously dismissed the petition. The bench emphasized that the limitation period for filing a review petition is explicitly defined in Article 188 of the Constitution read with Supreme Court of Pakistan Rules, 1980, and such period cannot be extended merely on administrative grounds.

Referring to the landmark judgment in Mst. Nasira Khatoon and others Vs. Federation of Pakistan (2023 SCMR 1088), the Court reaffirmed that government departments are not exempt from statutory limitations and must be held to the same standard as private litigants. The bench noted that the delay in the instant case was neither “bona fide” nor “unintentional” and lacked sufficient justification.

“This Court has consistently held that there cannot be two separate laws one for private litigants and another for the Government,” the judgment stated.