Court deplores 'mischievous' approach, fines man Rs 10,000

New Delhi, Aug 22 (PTI) Taking umbrage at a man’s "mischievous" approach in filing a "frivolous" plea, a Delhi court has imposed a Rs 10,000 fine and said liberal access to justice should not be construed as a means of chaos and indiscipline.

Additional sessions judge Bhupinder Singh was hearing a revision petition against the magistrate’s order of August 2024, refusing to stay the non-bailable warrant (NBW) issued against the revisionist Soumya Ranjan Kanungo in a cheque bounce case.

In an order dated August 18, the court said the magistrate’s order did not affect Kanungo’s rights as the coercive process was initiated only to secure his presence in the complaint.

The court noted instead of submitting himself to the jurisdiction of the trial court, the revisionist tried to "subvert the course of justice" by filing the present revision petition.

"Liberal access to justice should not be construed by anyone as a means to lead to chaos and indiscipline, and frivolous petitions should be penalised with heavy costs. The sanctity of the judicial process will be seriously eroded if such attempts are not dealt with firmly." The court said the order was "purely interlocutory" and the law barred revision of such orders, and besides, Kanungo’s case failed even on the merits.

"The trial court has rightly observed that the revisionist has taken undue advantage of the liberty granted to him. NBWs have been consistently issued to ensure his presence, as in his absence trial could not move even an inch for more than five years," the order said.

The court said even in the present case, Kanungo "took much liberty" and every time a different counsel appeared on his behalf and sought adjournments for addressing the arguments.

Judge called out Kanungo’s insidious and cavalier approach in filing the present petition.

"A stern message is required to be sent to the litigants who indulge in frivolous and vexatious litigation, as such litigation not only clogs the arteries of the justice delivery system but also deprives genuine litigants of their fundamental right of speedy trial," the judge said.

He said imposition of costs was necessary to ensure access to courts was available to citizens with genuine grievances and not to frivolous petitioners.

"I deem it appropriate that the instant revision not only deserves to be dismissed but the revisionist also deserves to be saddled with the cost of Rs 10,000 for his mischievous approach," the court. PTI MNR MNR AMK AMK