SC slams advocate for misusing legal process
23-Apr-2025 11:44 PM 2414
New Delhi, Apr 23 (Reporter) The Supreme Court came down strongly on an advocate who persistently misused judicial process by filing frivolous petitions and imposed a penalty of Rs five lakh as costs for abusing the remedy under Article 32 of the Constitution. A bench, comprising Justices Vikram Nath and Sandeep Mehta, on Tuesday expressed deep displeasure at the conduct of the petitioner, who appeared in person and is an enrolled advocate. The Court noted that despite being a lawyer for three years, he continued to file baseless and legally untenable petitions across various courts, including the apex court. "The petitioner, appearing in person, is an advocate and understands the law and nuances of law, yet has got the guts to file this petition under Article 32 of the Constitution of India," the Bench remarked sternly. The Court further observed that such actions not only waste judicial time, but also "spoil the entire environment of the Court" and burden the Registry. The Bench noted that the reliefs sought in the petition were of such a nature that no lawyer with even basic legal training would request them in a writ petition under Article 32. "The allegations made in the petition and the relief claimed are totally frivolous and malicious," the order stated. Though the Court refrained from detailing the exact nature of the reliefs sought, it found the conduct of the petitioner to be reckless and an abuse of process. When the petitioner attempted to withdraw the plea, the Court denied permission, stating that permitting withdrawal of such petitions without consequences would set a dangerous precedent. “If we allow simpliciter withdrawal of such petitions, it would send a wrong message to the litigants to file any frivolous petition and then get away by simpliciter withdrawals,” the Bench warned. Accordingly, the Court dismissed the petition with Rs five lakh costs, directing the amount to be deposited with the National Legal Services Authority (NALSA) within four weeks. The proof of such deposit must be filed with the Registry within six weeks, failing which the matter will be relisted before the Court...////...
© 2025 - All Rights Reserved - timespage | Hosted by SysNano Infotech | Version Yellow Loop 24.12.01 | Structured Data Test | ^