535/2016 Const. P. M. Qasim Jakhar (Petitioner) V/S Province of SIndh and Ors (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Salahuddin Panhwar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 07-SEP-21
Enforcement of decision of SST---Besides above, the point of laches is also involved in this matter on the ground that the petitioner has approached this court in the year 2016, whereas the alleged cause of action accrued to him in the year 2007 when he was purportedly terminated from his service, the reasoning assigned by the learned counsel for the petitioner that the petitioner has approached this court based on decision passed by the learned SST in the year 2010; that a constitutional petition involving violation and infringement of fundamental rights of the citizens could not be thrown out on the ground of delay in filing the same. We do not concur with this assertion of the learned counsel for the Petitioner with his explanation of laches as rights of the petitioner were not dependent upon other petitioners in the referred petition. We are of the considered view that the instant Petition falls within the doctrine of laches as the Petitioner filed the instant Petition in January 2016, whereas the alleged cause of action accrued to him in the year 2007, i.e. approximately 08 years before the filing of the instant Petition. It is well-settled law that those who slept over their rights cannot be given a premium of their own fault because such conduct does trigger the principle of waiver. The observations of the Honorable Supreme Court in the case of Ardeshir Cowasjee v. Karachi Building Control Authority (1999 SCMR 2883) is a guiding principle on the issue of laches.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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