6405/2018 Const. P. Jawed Ahmed (Petitioner) V/S Chief Sect: & Ors (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 30-APR-25
Laches, an equitable defense, bars relief for unreasonable delay that prejudices the opponent. Unlike strict limitations, its application depends on case facts and fairness. The Supreme Court in Farzand Raza Naqvi case 2004 SCMR 400) held that delay can bar writ petitions, but not if equitable, the petitioner was not indolent, and relief is just. Laches is less impactful for recurring issues, as past delay might not preclude action on current occurrences. The AAG argued that 2013-2018 (now 2025) is laches, countered by petitioners citing timely prior cases. 8. Considering the aforementioned facts and circumstances, without touching the merits of the case, we find no justification to entertain this petition in 2025. It is significantly barred by laches, as the cause of action arose in 2013 with the impugned order, yet the petitioner filed this petition in 2018, a delay of approximately five years. Furthermore, no compelling reason to exercise our discretionary powers has been presented. Consequently, the Petition, being ill-conceived and barred by laches, is hereby dismissed with pending application(s).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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