Fraud & justice never dwell together |
COURTS of law are meant for imparting justice between the parties and a party that ap-proaches the court with filthy hands taints the stream of justice. The doctrine of clean hands—an equitable maxim that “he who comes into equity must come with clean hands”—has travelled from English Chancery Courts. The doctrine maintains that the integrity of the institution and the trust placed in its officials are paramount and, therefore, any breach, re-gardless of when discovered, must be addressed decisively. In Pakistan, courts have invoked the doctrine to deny relief in writ petitions, public interest litigations, civil suits, arbitration-related matters and especially where litigants suppress material facts, misstate the record or otherwise abuse the process. In Pakistan, the clean hands theory continues to be a crucial defender of judicial integrity. When used correctly, it prevents misuse, preserves resources and guarantees that those who deserve it receive fair remedies. It’s also observed now that organized gangs managed court proceedings with due connivance of the court staff like tempering of files and diaries etc., there is no honest disclosure of all the relevant and........