Prevent Abuse Of Judicial Time

Source: The Hitavada      Date: 04 Sep 2017 12:01:14


The Supreme Court has pointed out that extremely important matters are taken up for consideration on a daily basis, and they lag behind sometimes, because individuals who were not competent to assist this Court, insist without due cause, to be granted a prolonged hearing. Hearing is sometimes sought even in matters, which petitioners themselves are incompetent to understand and handle. All such misadventures have to be dealt with sternly, so as to prevent abuse of judicial time.

THE Chief Justice of India Jagdish Singh Khehar (Since retired), Justice Dr. D.Y.Chandrachud and Justice Sanjay Kishan Kaul, at the Supreme Court, in the judgment of the case – Suraz India Trust v. Union of India, delivered on May 1, 2017, have held that the petition filed by the petitioner –Trust was liable to be dismissed and accordingly they dismissed that, imposing costs of Rs. 25 lakhs.


The compilation of 64 proceedings in summarized form was placed on the record of the case before the Court. This compilation go to prove the position that in none of these proceedings Suraz India Trust has been successful.
In the beginning , it was prima facie impression of the Court that the litigation initiated by the Trust was thoughtless and frivolous.


In the view of the Supreme Court, looking to the vast experience of Rajiv Daiya, the Chairman of the petitioner-Trust in appearing before courts at all levels , his request to be provided with a counsel has necessarily to be declined and it was so declined by it. The Court was satisfied that the inferences drawn by Daiya were the result of his lack of maturity and understanding of legal issues.


The observations recorded by this Court, on an earlier occasion, that Daiya was not competent to assist the Court on legal issues, are, therefore, hereby stand endorsed.
The narration recorded herein the records of the case, leaves no room for any doubt , that Suraz India Trust’s actions, in repeatedly invoking the jurisdiction of this Court, were clearly uncalled for. In 64 of the cases, when Suraz India Trust approached this Court, it did not find any success whatsoever, and not a single direction ever came to be issued by the Apex-Court, out of its repeated endeavours.

No one, who does not understand the nicety of legal issues, as has been demonstrated by the actions of Suraz India Trust, can be permitted to waste Court’s time endlessly. The different Contempt petitions filed by Suraz India Trust against a Chief Justice (whilst he was still in office ), and the Secretary General of the Supreme Court, amongst others, were wholly groundless, baseless and ill-founded.


The waste of judicial time of the Supreme Court is a matter of serious concern. The course of action adopted by the petitioner (despite its alleged, bona fide intention), was not in consonance with law. When a petitioner did not get the orders that it hoped for (or, felt it was entitled to), the petitioner pointed, expressed its anger towards all and sundry.......and even by name. The petitioner took its grievance, to the highest executive functionaries in this country.


The petitioner agitated its claim, by airing its grievances to the Chief Justice of India and Judges of the Court- at their private residences. The petitioner aired its protestation, even against the Secretary General of the Supreme Court. These officers were targeted because they had filed/lodged matters filed by Suraz India Trust, for the simple reason, that they were not maintainable. The Court has stated that having considered the same, it was satisfied that administrative determination by officers of the Registry of the Supreme Court, was fully justified.


The posting of a matter filed by the petitioner, by the then Chief Justice before a 3-Judge Bench also was a matter which was unnecessarily agitated repeatedly, even by filing contempt petitions against the then Chief Justice himself. Filing contempt petitions one after the other, on issues which lacked justification, also highlighted the Trust’s illegitimate misadventures.


Mr. Rajiv Daiya is an emboldened persona. He has expressed his ire even against six Judges of the Rajasthan High Court including its Chief Justice and against three Judges of the Supreme Court, besides its Chief Justice. The Apex-Court has been of the view that all these actions of the petitioner, were wholly unjustified. Daiya did not attempt, to even make the slightest effort, to reason out the same, or to demonstrate the veracity of his actions. Having gone through the hearing, over a length of time, the least it can be said that the petitioner has been seriously remiss, in his judicial interventions.


The Supreme Court has pointed out that extremely important matters are taken up for consideration on a daily basis, and they lag behind sometimes, because individuals who were not competent to assist this Court, insist without due cause, to be granted a prolonged hearing. Hearing is sometimes sought (as in this case) even in matters, which the petitioners themselves are incompetent to understand and handle. All such misadventures have to be dealt with sternly, so as to prevent abuse of judicial time. Specially by such individuals, who freely cast imaginary and scandalous accusations, in making out their submissions.


The Court has stated that it could have initiated sterner action against Daiya for the position canvassed by him against the judges of the Rajasthan HC, as also of this Court. The Court has restrained itself from any strong handed approach, just for once. In future such leniency may not be shown. But this order should be considered as a warning enough for the future. Though not a qualified Advocate, Daiya appeared in person , as Chairman of the petitioner-Trust.


According to the Court, it was not possible for it to let off Suraz India Trust, without any remedial consequences, for its filing of misconceived petitions. In view of this, the Court directed that Suraz India Trust shall refrain itself absolutely from filing any cause in public interest, before any Court in this country. Similarly, Daiya absolutely refrain himself from filing any cause in public interest, either directly or through any other individual, hereinafter, in any Court.

In all pending matters, whether before the Supreme Court or before any other HC, which may have been initiated by Suraz India Trust and /or by Daiya as a cause in public interest, it shall be imperative for Suraz India Trust/Daiya, to place the instant judgment/order on the record of the case, in case the petitioner decides not to withdraw the same unilaterally.


For the judicial time wasted by the Suraz India Trust, the Court considered it just and appropriate to impose exemplary costs on it. This is imperative, as it would discourage , the instant nature of discretion, not only at the hands of Suraz India Trust, but also at the hands of other similarly placed individuals, who may have been emboldened to adopt the course treaded by Daiya. The costs imposed on the petitioner have been quantified by the Court at Rs. 25 lakhs.

The costs has been directed to be deposited by Suraz India Trust with the Supreme Court Advocates on Record Welfare Trust within 3 months from the date of the Order. On failure to deposit the costs, it would be recoverable from Rajiv Daiya, the Chairman of the Trust, through his personal proceeds, if necessary. With these directions the writ petition was disposed of.