SUPREME COURT OF INDIA
L. Nageswara Rao, B.R. Gavai, A.S. Bopanna, JJ.
Anurag Saxena & Anr. – Appellants
Versus
Union of India & Ors. – Respondents
Writ Petition(s)(Civil) No(s). 199 of 2022
Decided On : 17-05-2022
Abuse of Process of Law - Writ Petition - Article 32 - Dismissal of the petition
Fact of the Case:
The petitioners, practicing lawyers, filed a petition seeking reliefs contrary to the orders passed by the Court and the National Green Tribunal. The Court forewarned the petitioner that the reliefs claimed were contrary to the orders, but the petitioner insisted on arguing the matter. The Court found the petition to be an abuse of process of law and dismissed it with costs.
Finding of the Court:
The Court found that the petition was an abuse of process of law and dismissed it with costs. The Court warned the petitioners against indulging in such misadventurism in the future.
Issues: Abuse of process of law, Contrary reliefs sought in the petition, Forewarning by the Court, Misadventurism by the petitioners
Ratio Decidendi: The Court emphasized that a petition under Article 32 of the Constitution of India cannot be filed to seek reliefs contrary to the orders passed by the Court. The Court also warned against indulging in such misadventurism in the future.
Final Decision: The Writ Petition was dismissed with costs quantified at Rs.50,000, to be paid to the Supreme Court Legal Services Committee within two weeks. The petitioners were warned against indulging in such misadventurism in the future.
ORDER
1. Application for permission to appear and argue in person is allowed.
2. The petitioners, who are practicing lawyers of this Court, have filed the present petition seeking several reliefs, including a direction to allow the vehicles to run till the end of their registered life in both diesel and petrol variants.
3. Before the petitioner in person - Mr.AnSaxena commenced his arguments, we forewarned him that the reliefs claimed by him are contrary to the orders passed by this Court as well as the National Green Tribunal. The petitioner in person insisted that he had a good case and he would convince the Court if he is granted 8 minutes time. We again forewarned him that we will permit him to do so, but in the event, if we find that the petition is without substance, we will saddle a cost of rupees one lakh per minute, that is, 8 lakhs. He, however, insisted on arguing the matter.
4. We uninterruptedly permitted Mr.Saxena to argue the matter for 8 minutes.
5. We find that the present petition is nothing but an abuse of process of law. At least a lawyer practicing before this Court is expected to know that a petition under Article 32 of the Constitution of India, cannot be filed to seek any reliefs which are contrary to the orders passed by this Court. In spite of the forewarning, the petitioner in person continued to argue the matter. We therefore, passed an order dismissing the petition.
6. Mr. Saxena did not even stop after we passed the order dismissing the petition. He still continued with his endeavour to argue the impossible.
7. We could have very well imposed the cost of rupees 8 lakhs while dismissing the petition, which we indicated at the beginning of the hearing. However, we do not propose to be harsh to an ill-advised parties in person who fortunately or unfortunately are lawyers. We are therefore, inclined to take a lenient view of the matter.
8. We dismiss the Writ Petition with costs which are quantified at Rs.50,000/- The same may be paid to the Supreme Court Legal Services Committee within a period of two weeks from today.
9. However, before closing, we warn the petitioners that if they indulge into such sort of misadventurism hereinafter, the Court would be required to take a stern view of the matter.
10. Pending application(s), if any, shall stand disposed of.
A petition under Article 32 of the Constitution of India cannot be filed to seek reliefs contrary to the orders passed by the Court. The Court may impose costs for abuse of process of law.
The Court upheld that petitions lacking substantial questions and clear drafting can be dismissed without entertaining them.
The main legal point established in the judgment is the court's decision to permit the appellant to approach the NGT with the grievances contained in the writ petition and directing the NGT to decide....
Litigants cannot dictate which judge hears their case; each case must be decided on its merits.
Litigants are obligated to comply with procedural requirements, and they cannot dictate which judge hears their case; non-compliance can lead to dismissal for default.
The Court affirmed that multiple petitioners in a writ action must pay separate Court Fees unless a jural relationship exists, while also asserting existing circulars as non-mandatory.
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