SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Kar) 1379

IN THE HIGH COURT OF KARNATAKA
B. Veerappa, M.G. Uma, JJ.
Jeetendra Kumar Rajan - Appellant
Versus
T. G. Shivashankare Gowda & Ors. - Respondents
C.C.C. No.43/2022, C.C.C. Nos. 44/2022, 45/2022, 46/2022, 47/2022, 48/2022, 49/2022, 50/2022, 51/2022, 52/2022 and 53/2022 (Civil)
Decided On : 28-01-2022

Advocates appeared:
Sri Jeetendra Kumar Rajan, For The Appellant.

The judgment established the importance of upholding the majesty of the judicial system, ensuring judicial discipline, and prioritizing genuine litigants seeking justice, while weeding out speculative litigation and protecting the dignity and authority of the courts.

Headnote:

Contempt of Court - Misuse of Process - Contempt of Courts Act, 1971 - Sections 11, 12 - Summary of Acts and Sections: The court dismissed the contempt petitions filed under Sections 11 and 12 of the Contempt of Courts Act, 1971, as the complainant misused and abused the process of the court. The court highlighted the importance of upholding the majesty of the judicial system and the need to protect the dignity and authority of the courts. The court also emphasized the duty of the judiciary to ensure judicial discipline and weed out speculative litigation to prioritize genuine litigants seeking justice. The judgment underscored the significance of the rule of law and the judiciary's role in upholding it.

Fact of the Case:

The complainant filed contempt petitions against judicial officers for alleged disobedience of court orders. The court found that the complainant misused and abused the process of the court, filed speculative litigation, and harassed the judicial officers, wasting precious judicial time. The court advised the complainant to file appeals if aggrieved by the orders but instead chose to file contempt petitions, leading to the dismissal of the petitions.

Finding of the Court:

The court found that the complainant misused and abused the process of the court, filed speculative litigation, and harassed the judicial officers, wasting precious judicial time. The court advised the complainant to file appeals if aggrieved by the orders but instead chose to file contempt petitions, leading to the dismissal of the petitions.

Issues: Misuse and abuse of the process of the court, speculative litigation, harassment of judicial officers, disobedience of court orders, and wasting precious judicial time.

Ratio Decidendi: The judgment emphasized the duty of the judiciary to ensure judicial discipline, weed out speculative litigation, and prioritize genuine litigants seeking justice. It underscored the significance of upholding the majesty of the judicial system and the rule of law, highlighting the judiciary's role in upholding it.

Final Decision: The contempt petitions were dismissed with costs imposed on the complainant. The court directed the registry not to post any matters of the complainant on the same cause of action unless costs were deposited. It also directed the initiation of suo motu criminal contempt proceedings against the complainant under the Contempt of Courts Act, 1971.

ORDER

1. These contempt petitions are filed by the party-in- person -Jeetendra Kumar Rajan under the provisions of Sections 11 and 12 of the Contempt of Courts Act, 1971 praying to take action against the accused for willful disobedience of the order passed by the learned Single Judge of this Court dated 19th May 2021 made in Writ Petition No.1355/2021 (EDN-RES) c/w Writ Petition Nos.3210/2021, 3211/2021, 3212/2021, 3214/2021 (EDN-RES) and the order dated 16th November 2021 made in Writ PetitionNo.19716/2021 (GM-RES) c/w Writ Petition Nos. 19827/2021, 19829/2021, 19830/2021, 19832/2021, 19908/2021, 19909/2021.

2. In Writ Petition No.1335/2021 and connected matters, the learned Single Judge of this Court while dismissing the said writ petitions by an order dated 19.5.2021, has observed at paragraphs 6 and 7 as under:

    6. With this background, if one would analyse and consider the prayers made by the petitioner in these writ petitions, it is clear that the petitioner has misused and abused the process of this Court. This Court would not hesitate to say that this Court has been very considerate to the petitioner and has shown undeserved leniency towards the petitioner. No doubt, Courts should be considerate while hearing a petitioner/party-in-person, but indulgence which would encourage such persons in filing petitions after petitions on the same cause of action should be deprecated. The respondent-University has given the list of writ petitions and proceedings initiated by the petitioner, which runs close to three digit figures. It is because of this undeserved leniency shown to the petitioner that he dares to pray to permit him to file 32 fresh writ petitions in the disposed of R.P.No.28/2019 and CCCNo.200156/2017. The petitioner has sought directions to the respondents to file affidavits and threatens to initiate criminal, proceedings if they failed to file the affidavit or argue the matter.

    7. In consideration whereof, this Court would proceed to hold that the writ petitions filed by the petitioner is a blatant abuse of the process of this Court. There is absolutely no merit in these writ petitions. Therefore, while dismissing the writ petitions, it is hereby directed that the petitioner shall be precluded from filing any other writ petition in this regard. The petitioner, no doubt, is required to be saddled with exemplary costs, but payment of costs shall stand deferred. If the petitioner files any other writ petition/proceedings in this regard, office shall put up a note regarding the directions issued hereby. The petitioner shall be called upon to deposit Rs.1,00,000/-(Rupees one lakh), without which the matter shall not be listed. On such deposit, the costs shall be tendered to the respondent-Visveswaraya Technological University. In hope and trust that the petitioner would realize the futility in knocking at the doors of this Court and on the contrary, the need to single mindedly concentrate on studies and in acquiring knowledge would ultimately dwell upon the petitioner, these writ petitions stand dismissed. (emphasis supplied)

    3. In Writ Petition No.19716/2021 and connected matters, the learned Single Judge of this Court while rejecting the said writ petitions by an order dated 16.11.2021, has observed as under:

      In the above circumstances, these writ petitions being absolutely unmeritorious and calculated to abuse the process of the court, are liable to be rejected in limine and accordingly they are with a cost of Rs. 10,000/- each; petitioner shall deposit the said cost with the Registry within a period of four weeks, failing which the Registry shall institute the contempt proceedings for recovering the same.

      4. It is unfortunate that the complainant - Jeetendra Kumar Rajan has filed these contempt petitions against Sri T.G. Shivashankare Gowda, the Registrar General and Sri K.S. Bharath Kumar, Registrar (Judicial) of this Court by misusing and abusing the process of the Court.

      5. Since the complainant - party-in-person has co

              Click Here to Read the rest of this document
              1
              2
              3
              4
              5
              6
              7
              8
              9
              10
              11
              SupremeToday Portrait Ad
              supreme today icon
              logo-black

              An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

              Please visit our Training & Support
              Center or Contact Us for assistance

              qr

              Scan Me!

              India’s Legal research and Law Firm App, Download now!

              For Daily Legal Updates, Join us on :

              whatsapp-icon Back to top