IMRAN AHMAD KHAN NIAZI vs Main MUHAMMAD SHAHBAZ SHARIF O — 2023 SCMR 636 SUPREME-COURT

Case information

Citation: 2023 SCMR 636 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: IMRAN AHMAD KHAN NIAZI vs Main MUHAMMAD SHAHBAZ SHARIF O

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

IMRAN AHMAD KHAN NIAZI VS Main MUHAMMAD SHAHBAZ SHARIF O. XVII--- Constitution of Pakistan, Arts. 10A & 37(d)---Adjournments---Scope---Conclusion of litigation process within reasonable time period---Significance---Leniency shown on part of judges of Trial Court in the matter of accommodating unjustified requests for adjournment, even at the cost of disregarding the timelines provided in the relevant laws, is unwarranted---Peremptory order of the court, which specifies a time to do a certain act in the proceedings of the case with a warning of last opportunity, must be followed by the legal consequences prescribed by the relevant law for its non-compliance---Orders granting repetitive adjournments with warnings of "last and final" and "absolute last and final" opportunity become meaningless and shatter the confidence of the litigant public in the court orders and consequentially weaken the authority and fiat of the court---Toothless court is the worst form of injustice---Radical approach is required to tackle the problem of delay in the litigation process by enforcing a court-controlled case management system, which should ensure that once a litigant has entered the litigation process, his case proceeds in accordance with a timetable as prescribed by rules of court---Rules containing time limits for doing the specified acts necessary for the progress of a case are intended to accomplish the constitutional goal of fair trial and expeditious dispensation of justice by concluding the litigation process within a reasonable timeframe---Such rules should, therefore, be observed.

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