The Supreme Court of Pakistan. PHOTO: AFP/File
The Supreme Court Bar Association (SCBA) President Syed Qalb-i-Hassan on Tuesday appeared before an SC division bench led by Chief Justice of Pakistan and requested it to suspend the time limit law.
Under the Supreme Court Rules 1980, a petitioner has to file appeal against a high court order within 30 days – a law that according to some legal practitioners has become difficult to follow particularly due to the pandemic which has also forced Sindh, Punjab and Azad Kashmir to impose lockdowns.
The SCBA president also gave the court a copy of the Indian Supreme Court’s March 23 order in a sou motu case about extending the time limit for filing of appeals.
Hasan requested the SC to pass a similar order under Article 184 (3) of Constitution for suspending the limitation law. CJ Gulzar Ahmed, however, turned down the request.
Indian SC order
A three-judge bench of the Indian Supreme Court took cognizance of the situation arising out of the challenge faced by the country on account of COVID-19 and resultant difficulties that may be faced by litigants in filing their petitions/applications/suits/ appeals/all other proceedings within the period of limitation prescribed under the general law of limitation or under Special Laws.
"To obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective courts/tribunals across the country including this court, it is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f. 15th March 2020 till further order/s to be passed by this Court in present proceedings."
Suspension of proceedings
The SCBA president also requested the bench to take up only the urgent cases and to close courts for two-weeks amid the rising number of cases of the novel coronavirus.
However, the bench made it clear that closing courts was not possible. “It hasn’t even happened in Europe,” the CJ remarked. “However, no case will be dismissed on non-prosecution.” The CJ asked SCBA president to convey it to lawyers that their cases will not be dismissed on basis of non-appearance.
The Pakistan Bar Council (PBC) Vice Chairman Abid Saqi expressed disappointment over the SC’s decision not to suspend limitation law. Saqi said the Advocates on Records (AORs) are crying for suspension of limitation law as the apex court is very strict to entertain time-barred cases.
He lamented that judiciary is indecisive and unable to understand the prevailing situation in which it is impossible for lawyers and litigants to file cases within the time prescribed under the law.
Saqi again requested the CJ to waive the requirement of limitation under Limitation Act of filing of cases in different courts throughout Pakistan and to issue necessary directions to all the courts at different tiers in view of the present circumstances.
On Tuesday, only 18 cases were fixed before three SC benches. Only two benches will work next week, said sources. During hearing of a pre-arrest bail plea, SC judge Qazi Muhammad Amin Ahmed recused himself stating that he had been a counsel in that matter in the past.
Despite his recusal, the bench granted four-week pre-arrest bail to the accused in view of the pandemic.
The SCBA and the PBC have sent more than half of their staff on leave owing to the outbreak. The SC Registrar has also issued a statement permitting non-essential staff, employees of over 50 years of age and female staff to work from home.
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