The Supreme Court of India has delivered a strong message against the abuse of the judicial system, particularly targeting frivolous litigation and forum shopping. The Court, while dismissing the Special Leave Petition, imposed a significant cost of ₹1,00,000 on the petitioner, highlighting the need to deter litigants from wasting judicial resources.
The case pertains to Pandurang Vithal Kevne, a former employee of Bharat Sanchar Nigam Limited (BSNL), who persistently sought to revive his long-settled case involving his dismissal from service. The petitioner was removed from service in 2000 after being found guilty of misconduct for repeated unauthorized absences. Despite the well-reasoned decisions from various forums, including the Central Government Industrial Tribunal (CGIT) and the Bombay High Court, the petitioner has relentlessly attempted to challenge these decisions.
The Court expressed its frustration with the petitioner's continuous attempts to relitigate settled issues. "This Special Leave Petition before us is yet another stark example of the blatant misuse and abuse of the judicial process," Justice Rajesh Bindal remarked, stressing that the right to access the courts is fundamental but must be exercised responsibly.
The High Court had earlier dismissed the petitioner’s Second Review Petition, stating that his attempt was based on "an unscrupulous idea and attempt to take disadvantage of the technical endorsement of the Hon’ble the Chief Justice." The petitioner’s claims were deemed meritless and the colossal delay of 4088 days (11 years and two months) in seeking to review an order was found "not maintainable in law."
The Supreme Court did not entertain the appeal, reinforcing its stance against repetitive and unwarranted litigation. In its judgment, the Court referred to its previous observations in Subrata Roy Sahara v. Union of India, emphasizing the need to curb frivolous litigation. "The Indian judicial system is grossly afflicted, with frivolous litigation. Ways and means need to be evolved, to deter litigants from their compulsive obsession, towards senseless and ill-considered claims," the Court stated.
The Court further quoted the case of Dalip Singh v. State of Uttar Pradesh, where it condemned litigants using the justice system for personal gain. "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," the Court observed.
The petitioner’s pattern of unnecessary legal actions was summarized, showing his journey through multiple courts and forums, from his initial removal in 2000 to repeated unsuccessful petitions up to 2024. Despite the clear findings against him at every stage, he has filed complaints alleging corruption and sought inquiries against judicial officers, all of which were dismissed.
The Supreme Court's decision also comes with a warning to others who may be tempted to misuse the judicial process. In its final order, the Court noted, "The precious judicial time which the petitioner has wasted could very well be used for taking up the cases of other litigants who are waiting for justice."
Imposing a cost of ₹1,00,000 on the petitioner, the Court aimed to send a clear message that such frivolous litigation will not be tolerated. The petitioner is required to deposit this amount with the Maharashtra State Legal Services Authority within four weeks, failing which recovery will be made as arrears of land revenue.
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