On Wednesday, the Delhi High Court witnessed sharp exchanges as a petitioner once again approached the Bench challenging certain provisions of the Bharatiya Nyaya Sanhita (BNS) 2023. The matter, which related to offences such as waging war against the State and unlawful assembly, drew the Court’s attention to the increasing trend of filing repetitive pleas despite earlier adjudications on the same issues.
A Division Bench of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela heard the plea filed by Upendra Nath Dalai, seeking to declare Sections 147 to 158 of the BNS as unconstitutional. Notably, Dalai had earlier filed a similar petition seeking the abolition of these provisions, which had already been dismissed in July. The Court observed that the new petition was substantially the same as the previous one, differing only in terminology.
Arguing in person, the petitioner submitted that courts possess the power of judicial review when statutory provisions appear to infringe upon citizens’ fundamental rights. On the other hand, ASG Chetan Sharma, representing the Union, contended that the present plea was merely a rephrased version of the earlier one and therefore amounted to an abuse of judicial process. He urged the Court to take a strict view and consider imposing costs to deter such practices in future.
The Bench expressed strong displeasure over the repeated filing of petitions on identical grounds, remarking that such conduct burdened the judiciary and diverted attention from genuine cases. It further noted that minor changes in wording cannot justify re-litigation of settled matters. The Court also criticised the petitioner for including unrelated references such as the Pulwama attack, stressing that judicial proceedings must remain focused on legal issues rather than personal or emotional narratives.
After hearing the submissions, the Court dismissed the plea and cautioned the petitioner against filing similar petitions in future, while also indicating that costs may be imposed to curb frivolous litigation.
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