PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

FARHAN MUSTAFA vs State art — 2022 YLR 1 ISLAMABAD

Case information

Citation
2022 YLR 1 ISLAMABAD
Court
Islamabad High Court
Year
2022
Reporter
YLR
Parties
FARHAN MUSTAFA vs State art
Subject matter
Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

FARHAN MUSTAFA VS State art. 199---Constitutional jurisdiction of High Court--- Scope--- Effect--- Waiver---Laches---Power of High Court to issue appropriate writ, order or direction is discretionary---One of the grounds on which relief can be refused by Court exercising writ jurisdiction is when the petitioner is guilty of delay and laches---Petitioner, when invokes extraordinary remedy under art. 199 of the Constitution, then he should come to the Court at the earliest possible opportunity---Inordinate delay in making the motion for a writ is indeed an adequate ground for refusing to exercise discretion in favour of the petitioner, thus, when the petitioner is guilty of laches or undue delay in approaching the High Court, the principle of laches or undue delay disentitles the petitioner from discretionary relief under article 199 of the Constitution from the High Court, particularly, when there is no plausible explanation on the petitioner's part for his blame-worthy conduct of approaching the High Court with undue delay---Court cannot come to the rescue of persons, who are not vigilant regarding their rights, however, it is unjust to give the petitioner a remedy where, by his conduct, he has done that which may fairly be regarded as equivalent to "waiver".

Other judgments reported in 2022 YLR

Back to the case-law library · Search Pakistani case law in Urdu or English