Excelsior Correspondent
JAMMU, Nov 14: In a blistering judgment that reads like a warning to the dishonest litigants, the High Court of Jammu & Kashmir and Ladakh has dismissed a petition against a transmission line in Palhalan area of Baramulla after finding that the petitioners had deliberately suppressed material facts and attempted to mislead the court.
Justice Wasim Sadiq Nargal lashed out at the petitioners for approaching the court with “unclean hands”, concealing their pending civil suit on the same issue and selectively presenting facts to secure an interim relief.
Calling the conduct a “fraud on the court”, the High Court imposed Rs 20,000 cost on the petitioners and ordered them to deposit it in the Advocate’s Welfare Fund within two weeks.
Slamming the litigants for hiding the fact that they were already pursuing a civil suit before the Sub Judge Pattan, the High Court said the non-disclosure was intentional and not accidental. “The omission on part of the petitioners is not a mere oversight, but a deliberate attempt to withhold material information, that could potentially influence the court’s decision”, Justice Nargal said.
The High Court observed that the petitioners were simultaneously fighting before two forums and were attempting to obtain orders behind the back of the Trial Court. “It is well settled that a litigant, who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief interim or final”, the High Court added.
Justice Nargal further said, “writ jurisdiction under Article 226 is discretionary and equitable, and cannot be granted to those who play hide and seek or manipulate facts”, adding “petitioners’ conduct falls squarely under fraud, suppression and misrepresentation”.
To ensure that unscrupulous persons do not venture on the same path, the High Court imposed Rs 20,000 penalty, warning that the court system cannot afford to tolerate deceit.
The petitioners had approached the High Court with the prayer to quash Letter of Authorization (LOA) issued on 01.08.2023 for construction of a 33 KV line on existing alignment. They also prayed for issuance of directions to stop laying the line through residential areas of Palhalan and rerouting of the proposed line along the National Highway where an existing 11 KV line is aligned.
They argued that the line passed dangerously close–only 2.5 feet from certain residential houses, whereas minimum clearance of 3.7 metres is mandatory for 33KV lines as per Indian Electricity Rules. They further relied on a field inspection report dated 17.10.2025 by the Naib Tehsildar Palhalan, which acknowledged that the line passed close to rooftops and that rerouting along the highway was feasible, safe and already home to 11KV infrastructure.
Government, however, informed the High Court that the petitioners had already filed a civil suit earlier before the Sub Judge, Pattan, seeking permanent injunction against erection of electric poles on the suit property and injunction against carrying 33KV line over their land.
The High Court noted that the petitioners had concealed the fact of filing the civil suit, hid interim orders passed by the Trial Court (including the status quo order of 08.12.2023) and were creating hurdles in the augmentation work despite the court’s order relating only to two defendants.
The Trial Court had already clarified on 29.02.2024 that the status quo order was not applicable to three defendants and therefore the petitioners’ objections had no legal basis.
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