In-Person Litigants Often Unaware Of Law, File Defective Petitions And Refuse Amicus Help: Allahabad High Court Imposes ₹5K Costs

The Allahabad High Court has imposed cost of Rs. 5000 on a party appearing in-person, for filing defective writ petition and making prayers contrary to law.

While dealing with a petitioner in-person who had approached the Court against an order of extension of his contractual appointment, Justice Saurabh Shyam Shamshery observed,

“Court is repeatedly facing difficulty in dealing cases of petitioners appearing in person since their writ petitions invariably remains defective. Even averments made therein are not proper, since they are unaware of law and procedure and normally they refuse to take services of an Amicus Curaie.”

It was noted that the petitioner had challenged the order by which his services were extended and also challenged the result of the selection process, where he was unsuccessful, without impleading the successful candidates. The Court also pointed out that 'Selection Committee' had been arrayed as a respondent which was incorrect.

The Court observed that even though in exceptional cases, people defending themselves can be more effective than advocates, but it was not so in this case. It further noted that the petitioner had refused the assistance of an amicus curaie despite Court's insistence.

Noting that the Court had given the petitioner a patient hearing despite defects, it held,

“Court cannot help such writ petitioner appearing in person on basis of defective writ petition, making prayers contrary to law, accordingly, this writ petition is dismissed, with a cost of Rs.5000/- to be deposited by the petitioner in person in the District Legal Services Authority, Kanpur Nagar.”

Case Title: Deepak Chowrasia v. State Of U.P. And 4 Others [WRIT - A No. - 20558 of 2024]

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