Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan (1973)---   ----Art. 199---Constitutional petition---Laches---Determination of question of lathes---Circumstances essential to be considered by Court stated.   Foundation of the principle of laches, jurisprudentially speaking, is the same as that of statutes of limitation. However, in contradistinction to limitation, where statute fixes the period for pursuing the claim, equity resorts to consideration of the circumstances, and two circumstances are critical, firstly, acquiescence on part of the complainant, and secondly, any change of position that has occurred on part of the defendant. Acquiescence would be sufficient when it is found that the complainant/petitioner was not ignorant of his rights and yet he remained inactive. Even if the petitioner is ignorant of his rights if as a reasonable and prudent man, he should have discovered his right, laches necessarily follow. The second aspect is where any change has been made by the defendant/respondent in the intervening period.    A petitioner is bound to prosecute his claim without undue delay because equity refuses its aid to stale demands if a petitioner who has slept upon his right and has acquiesced for a great length of time.    In deciding the question of laches, two things weigh with the Court, firstly, acquiescence of the petitioner and secondly, change of position that has occurred on respondents part.    Question of laches is to be always considered in the light of the conduct of the person invoking the constitutional jurisdiction of High Court.    It is for petitioner to explain reason for not approaching High Court within reasonable time.    For acquiescence, it is not necessary to prove that the petitioner had knowledge of his right. It would be sufficient to establish that the petitioner could have discovered the truth or have reasons to have done so.    As far as change in defendants position is concerned, it is only such change, which has resulted in causing a delay on part of the petitioner in bringing his action.    In service matters, delay of more than 6 months would be normally…

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