Judiciary Not A Playground: SC Penalizes Litigant for Frivolous Cases

In a strong stance against judicial abuse, the Supreme Court of India imposed a cost of ₹1,00,000 on a petitioner for repeatedly filing frivolous cases over an 11-year span. The petitioner, Pandurang Vithal Kevne, was criticized for engaging in forum shopping and filing repetitive, meritless petitions, which the Court said not only burdened the judiciary but also delayed justice for other litigants.

Judicial Bench and Observations

• The case was heard by a bench comprising Justice J.K. Maheshwari and Justice Rajesh Bindal.
• The bench emphasized the right to access justice as a cornerstone of democracy but noted that it is not absoluteand must be exercised responsibly.
  • The Court remarked:
    “The right to access the courts is a cornerstone of our democracy. However, this right is not absolute and must be exercised responsibly.”
• The Court condemned the petitioner for wasting precious judicial time, stating:
  “Such litigants are not only polluting the stream of justice but putting hurdles in its dispensation to others.”

Facts of the Case

1. Initial Dismissal:
   • The petitioner was dismissed from his service at Bharat Sanchar Nigam Limited (BSNL) in 2000 due to misconduct and prolonged absence without prior permission or intimation.
   • His statutory appeal against the dismissal was rejected.
2. Relentless Litigation:
   • Despite his dismissal being upheld, the petitioner filed multiple petitions in various forums, including:
     • Central Government Industrial Tribunal, Mumbai: Upheld the dismissal.
     • Bombay High Court: Dismissed his writ petition and subsequent review petition.
     • Supreme Court: Two Special Leave Petitions (SLPs) were dismissed.
   • Even after these rejections, the petitioner filed baseless complaints against judges and sought inquiries, which were dismissed.
3. Abuse of Judicial Process:
   • In 2021, the petitioner filed a second review petition with a delay application of 11 years, which the Bombay High Court dismissed, observing it was an attempt to take advantage of technicalities.
   • The present SLP before the Supreme Court stemmed from this dismissal.

Supreme Court’s Remarks

• The Court called the petitioner’s actions a “stark example of blatant misuse and abuse of the judicial process”and criticized his lack of bona fides.
• It observed:
  “The precious judicial time wasted by the petitioner could have been used for genuine litigants waiting for justice.”
• The Court emphasized the duty of all courts to curb frivolous litigation, stating:
  “It is also the duty of courts at different levels to curb such type of litigation so that more time is available for dealing with genuine cases.”

Relevant Precedents

The judgment referred to several key precedents condemning misuse of the legal system, including:

1. Subrata Roy Sahara v. Union of India (2014)
2. Dalip Singh v. State of Uttar Pradesh (2010)
3. K.C. Tharakan v. State Bank of India (2023)

These cases underline the judiciary’s responsibility to protect the justice system from exploitation.

Supreme Court's Decision

• The Court dismissed the SLP with a cost of ₹1,00,000 on the petitioner.
• It stressed that such deterrent measures are necessary to send a clear message to unscrupulous litigants and preserve the efficiency of the justice system.

Case Details

• Case Title: Pandurang Vithal Kevne v. Bharat Sanchar Nigam Limited & Anr.
• Case No.: Special Leave Petition (Civil) Diary No. 56230 of 2024