Excelsior Correspondent
SRINAGAR, June 9: High Court has imposed Rs one lakh penalty on a litigant for making reckless allegations for aiming to harass the judicial officer for proceeding in the matter pending before him.
Justice Sanjeev Kumar dismissed the petition of one Prof. Abdul Gani Bhat seeking quashing of proceedings with regard to maintenance filed by the daughter-in-law of the petitioner-Bhat, under Section 488 of Jammu and Kashmir Code of Criminal Procedure against his son.
Justice Kumar said the petitioner-Bhat has made reckless allegations against 4th Additional Sessions, Judge, Srinagar, before whom the proceedings filed by daughter in law of the petitioner against his son seeking maintenance as a wife of his son are pending.
“There are other irrelevant prayers made in the petition. That apart, the allegations made in the petition by the petitioner against his daughter-in-law would shock the conscience of any person of ordinary prudence. The allegations made only exhibit a depraved mindset the petitioner has for woman, in particular, his daughter in-law. He submits that his son has divorced her and, therefore, the maintenance of the petition is not maintainable”, Court said.
“The language used in the petition is demeaning of a woman and is totally unacceptable in any civilized society. I am of the prima facie opinion that the petitioner needs psychiatric help or treatment so that his unchecked indulgence in abusing the process of law is stopped”, court observed.
The grievance of the petitioner, court added, is that the Judge (4th Additional Sessions Judge Srinagar) before whom the proceedings are pending is not acting in the manner in which the petitioner desires him to act. “He has not placed on record any order passed from the Court below from where reckless allegations made by the petitioner against the Court could be verified”, High Court mentioned.
Court after going through the entire plea of petitioner-Bhat said that there are so many other allegations in the petition which are utterly obnoxious and made in extremely bad taste. The petitioner court added, has no sense of decency and is not aware as to how the pleadings in the Court are required to be filed. “It also needs to be taken note of that the writ petitioner is habitual litigant and has been filing petition after petition on behalf of his son to settle scores with his daughter-in-law and some raising other disputes with his ex-employer etc”, read the judgment.
“This petition is found to be utterly misconceived, without locus of the petitioner and aimed at harassing the Presiding Officer of 4th Additional Sessions, Court, Srinagar, and, therefore, deserves to be dismissed at the threshold”, Court concluded
The court has made it clear that such kind of litigant cannot be left to go scot-free as that would only encourage the petitioner to indulge in misadventures more vigorously aimed at harassing the Judicial Officers and imposed an exemplary costs of one lakh on the litigant which the court directed to be deposited by him in the Litigants’ Welfare Fund within a period of four weeks.
“In case the petitioner fails to comply with the direction to deposit the costs, the Registrar Judicial of this Court shall, after expiry of four weeks, frame a Robkar and place it before the Court for further orders”, Court further ordered.
Court observed that in many cases which are pending or disposed of by this Court the petitioner-Bhat has openly shown his lack of trust in almost every judge of this Court and has virtually become a cancer for the judicial system and by his nuisance is harassing the judges at all levels.
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