“There is no cavil to the proposition that
the “conduct of petitioner can be taken into
consideration in allowing or disallowing
equitable relief in constitutional jurisdiction. The
principle that the Court should lean in favour of
adjudication of causes on merits, appears to be
available for invocation only when the person
relying on it himself comes to the Court with
clean hands and equitable considerations also lie
in his favour. High Court in exercise of writ
jurisdiction is bound to proceed on maxim ‘ he
who seeks equity must do equity”. Constitutional
jurisdiction is an equitable jurisdiction. Whoever
comes to High Court to seek relief has to satisfy
the conscience of the Court that he has clean
hands. Writ jurisdiction cannot be exercised in
aid of injustice. The High Court will not grant
relief under this Article when the petitioner does
not come to the Court with clean hands. He may
claim relief only when he himself is not violating
provisions of law under which he is claiming
entitlement.”
Used in Judgement of
Lahore High Court
Family
64857/17
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