Excelsior Correspondent
Srinagar, Apr 3: High Court today said that the courts are under legal obligation to scrutinize whether the case of a litigant after a great delay and at belated stage should be entertained or not.
Justice Ali Mohammad Magrey dismissed the petition of one Abdul Majeed Bhat who has approached the court this year, seeking similar treatment as has been granted to one by the court in the year 2008.
Justice Magrey recorded in the judgment that the doctrine of delay and laches should not be lightly brushed aside. “The court is required to weigh the explanation offered and the acceptability of the same and should bear in mind that it is exercising an extraordinary and equitable jurisdiction and that, as a constitutional court”, Justice Magrey further added.
Court on protection of rights of the citizens, said it is duty of the court to protect the rights of the citizen but simultaneously added that court is to keep itself alive to the primary principle that when an aggrieved person, without adequate reason, approaches the court at his own leisure or pleasure. “Court would be under legal obligation to scrutinize whether the list, at a belated stage, should be entertained or not”, reads the judgment.
Court has noted that the delay comes in the way of equity as in certain circumstances delay and laches may not be fatal, but in most circumstances, inordinate delay would only invite disaster for the litigant who knocks at the doors of the court.
“Delay reflects inactivity and inaction on the part of a litigant- a litigant who has forgotten the basic norms, namely, procrastination is the greatest thief of time and that law does not permit one to sleep and rise like a phoenix”, reads the judgment.
The petition being hit by delay and laches, merits dismissal. Accordingly, the same is dismissed along with the connected interim application”, court concluded.
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