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Court's Proceedings Are Sacrosanct And Should Not Be Polluted By Unscrupulous Litigants: Himachal Pradesh HC [Read Judgment]

LIVELAW NEWS NETWORK
24 July 2020 7:07 AM GMT
Courts Proceedings Are Sacrosanct And Should Not Be Polluted By Unscrupulous Litigants: Himachal Pradesh HC [Read Judgment]
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Court's proceedings are sacrosanct and should not be polluted by unscrupulous litigants, remarked the Himachal Pradesh High Court recently.

The bench comprising of Justices Tarlok Singh Chauhan and Jyotsna Rewal Dua observed thus while dismissing two writ petitions.

The petitioners in this case had challenged the notices by the Local authorities requiring them to vacate the houses which was temporarily allotted to them. While considering the petitions, the bench noted that the houses were allotted to them temporarily with clear understanding that the same would be vacated by them on 30.5.2019. Observing that their possession is unauthorized the bench said:

The case in hand shows that frivolous litigation is sought to be prolonged by the petitioners and the same is a calculated venture involving no risk situation. After all, one has only to engage professionals to prolong litigation so as to deprive the rights of the parties and enjoy the fruits of illegalities. It is on account of such frivolous litigation that the court dockets are overflowing.

The court also referred to various Supreme court judgment denouncing the abuse of process of the court by unscrupulous litigants. It said:

It is because of such false and incoherent pleas by the parties due to which the judicial system in the country is chocked and such litigants consuming courts time for a wrong cause. Efforts are made by the parties to steal a march over their rivals by resorting to false and incoherent statements made before the Court. This clearly is the abuse of the process of the Court as the intent of the petitioners is to deceive and mislead the Court that too by taking shelter of falsehood, misrepresentation and suppression facts in the court proceedings. Materialism, opportunism and malicious intent have over­shadowed the old ethos of litigative values for small gains. This Court is required to maintain strictness, vigilance over the abuse of the process of the Court and curb such tendencies with iron hands.

While dismissing the writ petitions, the bench further observed:

"The judicial system has been abused and virtually brought to its knees by unscrupulous litigants like the petitioners in this case. It has to be remembered that Court's proceedings are sacrosanct and should not be polluted by unscrupulous litigants. The petitioners have abused the process of the Court."
Case no.: CWP Nos. 2451/2020 & 2452/2020
Case name: Salma  vs. State of H.P
Coram: Justices Tarlok Singh Chauhan and Jyotsna Rewal Dua 

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