When A Man Filed A Writ Petition Before SC Seeking Medical Help To His Five Cows !

LIVELAW NEWS NETWORK

7 Nov 2019 6:45 AM GMT

  • When A Man Filed A Writ Petition Before SC Seeking Medical Help To His Five Cows !

    A writ petition under Article 32 of the Constitution of India is supposed to be filed for enforcement of fundamental rights. But the Supreme Court at times encounters writ petition raising trivial matters.It turns out that, a man from Bihar filed a writ petition before the Supreme Court, in which the main prayer was a direction to provide medical help to his five cows. Kunal Kumar, appeared...

    A writ petition under Article 32 of the Constitution of India is supposed to be filed for enforcement of fundamental rights. But the Supreme Court at times encounters writ petition raising trivial matters.

    It turns out that, a man from Bihar filed a writ petition before the Supreme Court, in which the main prayer was a direction to provide medical help to his five cows. Kunal Kumar, appeared in person, before the Court which told him that such a petition could not be entertained.

    The bench of Justice R. Banumathi and Justice AS Bopanna asked the petitioner to work out his remedy before the appropriate forum and dismissed the writ petition. 

    When such frivolous petitions get filed with assistance of lawyers, the Supreme Court has come down heavily. For instance, in Phool Chandra and another v. State of Uttar Pradesh, (2014) 13 SCC 112, the court had observed: Of-lately, there has been an increase in the trend of litigants rushing to the courts, including this court, for all kinds of trivial and silly matters which results in wastage of public money and time. A closer scrutiny of all such matters would disclose that there was not even a remote justification for filing the case. It is a pity that the time of the Court which is becoming acutely precious because of the piling arrears has to be wasted on hearing such matters. There is an urgent need to put a check on such frivolous litigation. Perhaps many such cases can be avoided if learned counsel who are officers of the court and who are expected to assist the court tender proper advice to their clients. The Bar has to realise that the great burden upon the Bench of dispensing justice imposes a simultaneous duty upon them to share this burden and it is their duty to see that the burden should not needlessly be made unbearable. The Judges of this Nation are struggling bravely against the odds to tackle the problem of dispensing quick justice. But, without the cooperation of the gentlemen of the Bar, nothing can be done.



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