Observing that the “greatest challenge” before the judiciary is the filing of frivolous litigation, Delhi High Court has issued certain guidelines to lower courts on initiating prosecution in “appropriate” cases for making false claims.
“False claims were a “menace” which “delay justice and compromise sanctity of a court of justice” as they put a “huge strain” on the legal system and such practice has to be ended with an “iron hand” or else every law breaker would violate the law with impunity as observed by the Justice J R Midha while expressing his concern over the issue of frivolous litigation in the case of HS BEDI ….. versus NATIONAL HIGHWAY AUTHORITY OF INDIA.
The reluctance of the courts to order prosecution encourages the litigants to make false averments in pleadings before the court, it said in a 99-page order on the issue of implementation of IPC Section 209 related to dishonestly making false claim in court, Hence, deterrent action is required to uphold the majesty of law.
The court would be failing in its duties, if false claims are not dealt with in a manner proper and effective for maintenance of majesty of courts as otherwise the courts would lose its efficacy to the public,” the high court has said.
The judicial system in the country is choked with false claims and such litigants are consuming the courts’ time for a wrong cause. False claims are a huge strain on the judicial system….The high court had taken up the issue of lack of implementation of section 209 and frivolous litigations after a false claim was made by a landlord against the National Highways Authority of India (NHAI), which had rented his premises.
“The justice delivery system has to be pure and should be such that the persons who are approaching the Courts must be afraid of making false claims.” as stated by the justice J.R Midha.
After going through judgments passed by the Supreme Court as well as legal provisions world over on the issue, the high court has come to the conclusion that “section 209 was intended to deter the abuse of court process by all litigants who make false claims fraudulently, dishonestly, or with intent to injure or annoy”.
Issuing guidelines to deal with the issue, the high court has said that when a false claim is made before a court, “it would be appropriate, in the first instance, to issue a show cause notice to the litigant as to why a complaint be not made against him for having made a false claim”.
“But if they are not and there is suspicion, albeit a strong one, the court may order a preliminary inquiry. For that purpose, it can direct the state agency to investigate and file a report along with such other evidence that they are able to gather,” the high court has said.
It further said that “once it prima facie appears that an offence under section 209 IPC has been made out and it is expedient in the interest of justice, the court should not hesitate to make a complaint under the CrPC”.
The Delhi High Court has announced this verdict concluding that the Courts below shall invoke Section 209 of the Indian Penal Code in appropriate cases to prevent the abuse of process of law, secure the ends of justice, keep the path of justice clear of obstructions and give effect to the principles laid down by the Supreme Court in various cases.
Read Full Judgement JRM22012016RFA7842010
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