Denying Justice by the doctrine of laches.

Byline: SYED FAWAD ALI SHAH

The primary function of the judiciary in a welfare state is the dispensation of justice to its citizens irrespective of their race or religion. Welfare states ensure that dispensation of justice should be speedy, low cost and available to all as justice delayed is justice denied. When Churchill was questioned about the possibility of losing World War Two, he replied that justice is still being dispensed in the courts of England.

The foundation of the Islamic system of governance was based on the dispensation of free, speedy justice to all the inhabitants of the state. The Islamic judicial system believes in same law for the haves and have-nots. The word Adl in Islamic Jurisprudence encompasses all civil, criminal, economic and social issues in the society.

The judiciary in Pakistan unfortunately has not been able to satisfy the true test of dispensation of justice due to the existingsystem. It ranges from irresponsible behavior of the bar to corruption and inefficiency of the bench supported by some laws ensuring denial of justice to the citizens, creating unrest in the society against the spirit of welfare state. An attempt is being made to identify the existing laws due to which the direction of our judiciary has changed from dispensation of justice to disposal of cases, resultantly promoting corruption, usurpation, inequality and frustration in the civil society of Pakistan.

The judiciary is also expected to ensure provision of fundamental rights to the citizens of the Islamic Republic of Pakistan under its writ, appellate and revision jurisdictions instead of denying them through laches, limitation and many other doctrines

The first tool used by the superior courts of Pakistan is using the doctrine of Laches which means unreasonable delay in making any claim after a prescribed time. It is based on the maxim- 'equity rewards the vigilant and not the slumberer'. Many aggrieved litigants knocking the doors of the superior judiciary in service matters under writ jurisdiction are denied justice on the basis of laches. No one can dare to ask the judiciary of the welfare state of Pakistan about their policy of disposal of cases on laches instead of dispensation of justice.

The second tool used by the judiciary of Pakistan is the doctrine of acquiescence. It means to agree to some act by being silent. It is used in easements. It is a method of acquiring of extinguishing rights through inaction of the legal owner. It...