ISLAMABAD:
In a ruling that reinforces the principle of institutional accountability, the Supreme Court has held that the state must organize itself in a way that enables it to function effectively within prescribed legal deadlines, and cannot seek forgiveness for delays caused by its own inefficiency.
A division bench headed by Justice Ayesha Malik dismissed the finance ministry’s appeal in a service case on the ground of a 20-day deadline, noting that the delay as explained by the petitioner did not constitute sufficient reason. “The explanation offered and that given in the application is essentially that the petition could not be filed in time due to internal procedural requirements and administrative challenges,” said a four-page judgment authored by Justice Ayesha Malik.
“Both explanations are totally unsatisfactory, since internal procedural requirements or administrative inconveniences cannot override the legal obligation to file the petition within the given time.”
“The petitioner is fully aware of the prescribed time frame within which the petition had to be filed, but it gave preference to bureaucratic process without any effort to expedite the process.”
“Such behavior amounts to a deliberate disregard of the requirements of the law and also reflects poor enforcement within the governance system. Poor enforcement in this context refers to the state’s failure to ensure that timelines as set out in the law are treated as binding,” the judgment notes.
The court further noted that a system unable to ensure compliance with its own legal obligations reflects weakness in internal accountability.
Where delay is explained by reference to administrative routine rather than unavoidable circumstances, it indicates that compliance is dependent on convenience rather than discipline.
The judgment noted that this kind of delay is inexcusable, especially when no effort has been made to reform or improve the procedure that causes so much delay.
“The state enforces the law on its citizens and expects compliance within set time limits. It must therefore be held to the same standard. If the state is permitted to disregard statutory time frames because of its own internal inefficiency, it creates an imbalance in the administration of justice and undermines the constitutional guarantee of equality before the law.”
It noted that when the state fails to meet these deadlines and seeks leniency for administrative delay, it transfers the consequences of its disorganization to the court and the opposing party, who are often in a weaker position than the state.
“Good governance requires institutions to function through clear accountability, internal discipline and compliance with the law. If compliance depends on convenience rather than structured systems, delays become routine and accountability diminishes,” it further noted.
