'Merely Changing Words Won't Help': Delhi High Court Raps Litigant For Repeatedly Filing Pleas To Strike Down BNS Sections

The Delhi High Court on Wednesday rapped a litigant for repeatedly filing petitions challenging certain provisions of the Bharatiya Nyaya Sanhita (BNS) 2023, despite dismissal of his earlier pleas seeking similar reliefs.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela pulled up Upendra Nath Dalai, who filed a writ to declare the offences of waging war against the State and unlawful assembly from Sections 147 to 158 of BNS as ultra vires.

The High Court had in July dismissed his plea seeking abolition of the same provisions.

At the outset, ASG Chetan Sharma said that the only difference in the prayers were that the earlier petition used the word “abolish” whereas the fresh plea was for a prayer to declare the provisions as "unconstitutional".

Dalai, appearing in person, said that Courts have the power of judicial review in case any offence infringes upon the fundamental rights of the citizen.

On this, the Court cautioned Dalai, saying:

“We are cautioning you. The kind of petition you have filed. First you file a writ petition, then review. Then against review same prayer. Merely by changing wordings won't entitle you to file numerous petitions on same thing. Court is not a platform to indulge in public discourse. This is a Court of law. You must ensure you are arguing matter on legal issues. You cannot be permitted to make such averments. If you are fond of all this go somewhere else, not courts.”

Pulling up Dalai for averments mentioned in his petition, including reference to the Pulwama attack, the Bench said that he was even provided with a senior lawyer and a lawyer who understood his language for his assistance but such conduct of filing petitions without any basis could not be appreciated.

“We are cautioning you. Don't compel us. Judicial review on the ground of Pulwama? What is all this?… You better publish a magazine, publish your views there, write in some newspaper, do whatever you want to do. We will not come in your way. You have your freedom of speech. But alleging all this when the petition stands dismissed twice…,” CJ said.

ASG then insisted on imposition of costs to ensure deterrence in filing of frivolous pleas by Dalai in future.

“Till your lordships don't impose costs, he will come again after five days...This will open gates for others to say whatever. This is abuse of judicial process. Your lordships must come down hard on this man. This man is deceptive,” he said.

“We will think of costs,” the Bench said while dismissing the plea.

In September, the Court had dismissed Dalai's PIL seeking a direction on the Union Government and Election Commission of India (ECI) to conduct general elections through ballot papers and not electronic voting machines (EVMs).

His review against the same was dismissed in October.

Title: Upendra Nath Dalai v. Union of India 

Citation: 2025 LiveLaw (Del) 1478