DELAY IN FILING OF APPEALS BY THE VARIOUS DEPARTMENTS OF THE GOVERNMENT

DELAY IN FILING OF APPEALS BY THE VARIOUS DEPARTMENTS OF THE GOVERNMENT <!--[if gte mso 10]> DELAY IN FILING OF APPEALS BY THE VARIOUS DEPARTMENTS OF THE GOVERNMENT Report of the Attorney-General for Pakistan containing recommendations on the subject duly approved by the Supreme Court of Pakistan [NO.F.5(2)/2003-AGP, dated 27-5-2003] Subject: Civil Petition No.775 of 2001--The Chairman/Secretary, Pakistan Railways, Ministry of Railways, Government of Pakistan, Islamabad and others PLD 2003 SC 6. It has been noticed that appeals in superior Courts by the Government are usually filed after expiry of the period of limitation. One such matter came up before the Supreme Court in Civil Petition No.775 of 2001, Chairman/Secretary (Pakistan Railways v. Muhammad Sharif Javaid Warsi). The Honourable Court took serious note of the situation and has rendered an elaborated judgment dated 16-10-2002 reported in PLD 2003 SC 6. 2. In pursuance of the directions of the Apex Court contained in para. 4 of its judgment dated 16-10-2002, the Committee headed by the Attorney-General for Pakistan held detail deliberations wherein representative of the Establishment Division, Advocate-Generals of the Provinces and of other departments participated. The Attorney-General for Pakistan submitted a report. The recommendations in this report which were approved by the Honourable Supreme Court and have already been circulated to all concerned at the Federal and Provincial level. RECOMMENDATIONS The Hon'ble Supreme Court of Pakistan has taken a serious note of the delays in filing appeals by the various departments of Government. The Attorney-General for Pakistan, in compliance with the directions of the Hon'ble Supreme Court of Pakistan and after consultation with the various Departments and Ministries submitted a report to the Hon'ble Supreme Court of Pakistan. The following recommendations which formed a part of that report are being circulated to all concerned, on the directions of the Hon'ble Supreme Court of Pakistan, alongwith a copy of the judgment in Civil Petition No.775 of 2001, for strict compliance: CERTIFIED COPIES 1.0 In every case the counsel must apply for certified copies on the date when arguments are concluded in the matter. 1.1 A receipt of the application must be obtained to eliminate delays. 1.2 The clerk/officer of the Court in charge of issuing certified copies must issue-‑ (i) a numbered receipt, (ii) stating the date of the application, (iii) the number of the case, (iv) the number of the miscellaneous application (wherever required), (v) the list of documents of which the certified copy is applied for, (vi) the date on which the copy will be made ready and available. 1.3 In any case where the copy is not made ready on the date specified in the receipt the matter must be brought to the attention of the Register/AR concerned, of the Court. The Registrar/AR must also in writing communicate to the counsel for the applicant the date on which the copy will be made ready and available. FUNDS 2.0 The Ministry of Law both at the Federal and Provincial level must allocate funds to the Deputy Attorneys-General/Standing Counsel and the Advocate-General(s) as the case may to meet the expenses for photocopies, certified copies and other Court expenses. 2.1 A sum of Rs.20,000.00 must be immediately allocated for every seat of the High Court. 2.2 In the case of the Federal Government the senior most Deputy Attorney-General/Standing Counsel and in the case of Provincial Government the Advocate-General should be given control of these funds: (i) he should be made the DDO for this fund. (ii) He should also be the Sanctioning Authority for the utilization of this amount. 2.3 The amount should be utilized .only to meet Court expenses and expenses for photocopies and certified copies of Court records, pleadings and judgments. 2.4 A monthly statement should be submitted to the Ministry of Law giving the details of the expenditure. On receipt and verification of the statement the Ministry of Law should top up the fund by the amount expended. The verification must in no case take more than 7 days. COMMUNICATIONS AND DECISIONS 3.0 The lawyer conducting the case must immediately on the announcement of judgment and again within 24 hours of obtaining the certified copy inform the administrative ministry as well as the Ministry of Law about the decision. Information about an adverse order must be communicated in writing. 3.1 He must simultaneously send a copy of the decision to the two Ministries with a written opinion clearly stating whether an appeal ought to be filed. 4.0 The administrative ministry on receipt of a copy of the order must immediately and within 3 working days inform the Ministry of Law that in view of the facts of the case whether it is in favour of tiling an appeal or not. 4.1 In all cases where the time remaining for filing an appeal is 7 days or less an officer of the administrative ministry, not below the rank of Deputy Secretary, must personally take the file to the Ministry of Law. 4.2 The Ministry of Law must state its opinion and take decision in all matters within 3 working days except when the time for filing an appeal is 7 days or less in which case the opinion/decision must be recorded/made within 24 hours. EXPLAIN DELAY 5.0 In all cases where the appeal is barred by time the administrative ministry must, in writing, communicate to the Ministry of Law/Law Officer responsible for filing the appeal, the reasons for the delay. The delay of each day must be cogently explained. Reasons like time is consumed in moving the tile from one desk to another, or that the matter escaped attention or that the approval of the competent authority took time etc., have been consistently rejected by the Supreme Court. Such reasons must not be advanced. 5.1 Every petition/appeal which is barred by time must be accompanied by a certificate of the ASC/AOR responsible for the petition/appeal that he has examined the application for the condonation of delay in the light of the pronouncements of the Supreme Court and is of the view that the delay of each day has been cogently explained and that it is a fit case for the condonation of appeal. 5.2 The application for condonation of delay must also identify the member(s) of the staff and/or officer(s) responsible for the delay. Their name, designation and address must be stated in the application. The application must also clearly state the disciplinary proceedings initiated against the person(s) concerned and the stage of the proceedings. It must also specify the steps taken by the department to assess the Revenue loss caused by the delay in filing the appeal and the steps taken to recover it from the delinquent officer. 5.3 The ASC/AOR responsible for the petition/appeal must certify that he has examined the application for condonation of delay and it contains the name and particulars of the person responsible for the delay and the details of the actions initiated against him. COSTS 5.6 The rejection of the application for condonation of delay by the Supreme Court should personally expose the counsel concerned to a cost of Rs.10,000. LEGAL OFFICERS 6.0 In every administrative ministry at least one person not below the rank of Deputy Secretary must be identified by name to act as the officer incharge of legal matters for the Ministry. 6.1 The duties of such Deputy Secretary should include but may not be limited to: (i) Monitoring of cases. (ii) Keeping in touch with the Law Officer(s) concerned. (iii) Liaison with the Ministry of Law. (iv) Giving reasons in writing for the delays in filing appeals. (v) Briefing counsel for the filing appeals. 6.2 The Deputy Secretary or an Officer not below Grade-17 duly nominated by him must attend Court proceedings whenever counsel so desire. 6.3 The Deputy Secretary must be held personally responsible for any delay in filing of appeals. PARTIES 7.0 The Registrar/Officers responsible of all Courts must return all such service matters/appeals where the Establishment Division has been made a party although the employee (in B-19 or below) is not an employee of that Ministry. In all such cases the administrative Ministry/Department concerned should only be impleaded as party. CONCESSIONS 8.0 The Law Officers must not make any statement conceding an issue or a case in Court unless they have been duly instructed in writing by the Competent Authority, and an officer not below Grade-17 is present in Court to verify and reiterate such instructions. In all such cases the presence of the officer must be recorded in the order of the Court and the written instructions made a part of the record of the Court.