Don't file frivolous cases against authorities: Delhi Court
January 24, 2017A Delhi court has set an example by putting a strict message out in the society over filing of trivial complaints against constitutional authorities like sitting judges after finding a "trend" of people coming up with ingenious means to file such complaints. According to the court, such complaints only cause "deep anguish" to all stakeholders and bring extreme disrepute to esteemed institutions.
The court observed that, “A trend has appeared where litigants like the present complainant have devised ingenious means to file frivolous complaints leveling false allegations, unmindful of the fact that their allegations not only cause deep anguish to all stakeholders but also bring esteemed institutions to disrepute,".
The court had further offered an option to the complainant to withdraw his complaint. However, the complainant and his counsel persisted and made submissions, to which the Chief Metropolitan Magistrate opined that, “a time has come that a stern message should be sent to the society at large that filing of such complaints or seeking initiation of criminal proceedings without any rationale or basis against constitutional authorities on flimsy/personal reasons would not be tolerated at all".
The court came down heavily on complainant Shashi Kumar Mahajan, holding him accountable for filing the case without any rationale and on flimsy grounds. "I may also add herein that advocates being the officers of the court are also duty-bound to maintain the dignity of all so that the respect of the public in the judicial dispensation system is not eroded," the court noted.
The court observed that, “A trend has appeared where litigants like the present complainant have devised ingenious means to file frivolous complaints leveling false allegations, unmindful of the fact that their allegations not only cause deep anguish to all stakeholders but also bring esteemed institutions to disrepute,".
The court had further offered an option to the complainant to withdraw his complaint. However, the complainant and his counsel persisted and made submissions, to which the Chief Metropolitan Magistrate opined that, “a time has come that a stern message should be sent to the society at large that filing of such complaints or seeking initiation of criminal proceedings without any rationale or basis against constitutional authorities on flimsy/personal reasons would not be tolerated at all".
The court came down heavily on complainant Shashi Kumar Mahajan, holding him accountable for filing the case without any rationale and on flimsy grounds. "I may also add herein that advocates being the officers of the court are also duty-bound to maintain the dignity of all so that the respect of the public in the judicial dispensation system is not eroded," the court noted.
OUR TAKE
We strongly agree that frivolous suits should not be entertained by the courts, especially when they are already overburdened with a never-ending slew of suits. Hence the decision of the court is apt and justified.
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