Punjab & Haryana High Court Imposes ₹50K Cost On Litigant For Forum Shopping, Filing Frivolous Contempt Plea Against IAS

The Punjab and Haryana High Court has imposed a cost of Rs. 50,000 on a litigant for engaging in forum shopping and filing a meritless contempt petition in a civil dispute

The development comes in a contempt plea alleging that the authorities have disobeyed Supreme Court's ruling in Rajeeb Kalita Vs. Union of India and others by disconnecting the water supply of the petitioner. 

In Rajeeb Kalita case, it was held that access to proper sanitation is recognized as a fundamental right under Article 21.

However, the Court opined that the subject matter of the plea is entirely civil in nature and falls outside the purview of contempt jurisdiction.

"The petitioner, despite being specifically directed by this Court to avail appropriate civil remedies in accordance with law, has persisted in pressing this contempt petition without any tenable basis," the Court noted.

Justice Sudeepti Sharma said, "It is evident that the petitioner has engaged in what can only be described as a frivolous and vexatious litigation spree, seemingly driven by a misplaced sense of grievance. Such conduct constitutes a gross abuse of the judicial process and contributes significantly to the burgeoning pendency of cases before this Court."

The Court further observed that, tendency of litigants to misuse the judicial forum by engaging in forum shopping, filing repetitive and meritless petitions, and adopting dilatory tactics undermines the very foundation of our legal system and clogs the administration of justice.

Reliance was placed on Dalip Singh v. State of Uttar Pradesh and others [(2010) 2 SCC 114], wherein the Apex Court cautioned against the emerging category of unscrupulous litigants who, devoid of respect for truth, resort to falsehood and unethical practices in their pursuit of relief.

Justice Sharma opined that the petitioner's conduct in instituting frivolous litigation has resulted in a gross misuse of the judicial process, "thereby squandering the valuable time and resources of the Court."

It is imperative, in the interest of justice, that bona fide and timely claims are adjudicated expeditiously, without being impeded by vexatious and unscrupulous litigation, it added.

Adding that, "the present petition is a stark example of such abuse," the Court said, "It is thus imperative for this Court to uphold the sanctity of the judicial process and prevent its pollution by unscrupulous litigants."

With the objective of sending a "strong deterrent message,"the Court imposed a cost of Rs. 50,000 and directed to deposit it with the treasure of Punjab and Haryana High Court Bar Association, "which shall be utilized for construction/renovation of Women Bar Room, Punjab and Haryana High Court."

Title: Payal Chaudhary v. KAP Sinha IAS and others

Click here to read/download the order  https://www.youtube.com/watch?v=xbNDTQzQK3Y