Filing appeal for acquittal: Delay of even one day by govt should not be condoned, rules LHC

LAHORE: The Lahore High Court (LHC) held that a delay of one day should not be condoned to the government for filing an appeal for acquittal where it has been provided a limitation period of six months.

The court observed that it is not permissible in a state which is governed by law and the constitution.

The court held that if that is so permitted to happen, it shall not only result in the misuse of the judicial process of the state but shall also cause exploitation of the legal system and the society as a whole.

The court passed this order in an appeal of the government against the acquittal of an accused Imran Khan.

The court said it can safely be held that Article 157 of the Limitation Act would well be available to the state for filing an appeal against acquittal but even the appeal has been filed beyond the period of limitation of six months, which is time-barred by 13 days and cannot condone it.

The court observed that the law of limitation requires that a person approach the court and take recourse to legal remedies within the time provided by law.

The court said the case law referred by the law officer has no relevance to the matter.

The court said the argument of the deputy prosecutor general for treating the state somewhat preferentially in the matters about condonation of delay, finds the answer in the government of the Punjab versus Muhammad Saleem case where the Supreme Court of Pakistan while holding that delay of every day is to be explained, also held that the government cannot be treated differently than a private litigant on the question of limitation under section 5 of the Limitation Act.

In the same way, delay in obtaining sanction from the government is also no ground to seek condonation on this score, the court added.

The court said it is only just and proper that a petition against acquittal must not be entertained if it is filed beyond time unless it is shown that the petitioner was prevented from moving the same by an act of the acquitted accused or by some circumstance of a compelling nature beyond the control of the petitioner.

The court; therefore, dismissed the appeal of the government and observed that the application seeking condonation of delay in filing the appeal had not been found tenable in any manner so as to entertain the appeal.

Copyright Business Recorder, 2024