Introduction
In the case Pandurang Vithal Kevne v. Bharat Sanchar Nigam Limited & Anr. (Special Leave Petition [Civil] Diary No. 56230 of 2024), the Supreme Court addressed an instance of abuse of judicial process. Delivered on December 20, 2024, the judgment highlights how frivolous and repetitive litigation can clog the judicial system, impeding the delivery of justice to deserving litigants.
Factual Background
The petitioner, an employee of Bharat Sanchar Nigam Limited (BSNL), was dismissed from service in 2000 due to prolonged and unauthorized absences. Despite being declared medically fit to resume duty, the petitioner continued his pattern of absenteeism. Investigations revealed that he was simultaneously running a private business under his wife’s name.
Following his dismissal:
- The petitioner raised an industrial dispute, which the Central Government Industrial Tribunal (CGIT) upheld.
- The High Court of Bombay, through a reasoned judgment, supported the CGIT’s findings.
- A series of review petitions and appeals, including several special leave petitions (SLPs), were dismissed at various levels, including by the Supreme Court.
Undeterred, the petitioner continued to file complaints and motions, accusing judicial officers of bias and corruption and seeking to reopen settled matters. The High Court, in its 2024 order, refused to condone a delay of 4088 days (over 11 years) in filing a second review petition, prompting the current SLP.
Key Observations by the Supreme Court
- Abuse of Judicial Process: The Court termed the petitioner’s repeated filings as a blatant misuse of judicial resources, observing that such actions erode the foundations of the legal system.
- Frivolous Litigation: The judgment emphasized that the petitioner’s conduct exemplified frivolous litigation, creating undue hurdles for other litigants awaiting justice. The Court referred to previous rulings condemning similar behavior (Subrata Roy Sahara v. Union of India and Dalip Singh v. State of Uttar Pradesh).
- Forum Shopping and Delay: The petitioner engaged in forum shopping, attempting to reopen matters already settled by competent courts. The delay of over a decade was unjustifiable and demonstrated his intent to prolong litigation without merit.
- Judicial Efficiency: The Court stressed the need for judicial time to be preserved for genuine litigants. Frivolous petitions not only waste time but also obstruct the administration of justice.
- Deterrence Against Misuse: To deter such practices, the Court imposed a cost of ₹1,00,000 on the petitioner, payable to the Maharashtra State Legal Services Authority. It also directed that failure to pay would lead to recovery as arrears of land revenue.
Judgment
The Supreme Court dismissed the SLP and refused to condone the delay. It reiterated that litigants must exercise their right to legal remedies responsibly, without misusing judicial processes to harass others or obstruct justice.
Legal Implications
- Reinforcement of Judicial Discipline: The ruling reaffirms the principle that judicial processes are not to be trifled with. It calls for stringent measures against frivolous and repetitive litigation.
- Deterrence Through Costs: By imposing financial penalties, the Court sends a strong message to discourage abuse of judicial forums.
- Preservation of Judicial Resources: The judgment underscores the importance of efficient case management, ensuring that time is allocated to genuine disputes.
References
- Supreme Court of India. Pandurang Vithal Kevne v. Bharat Sanchar Nigam Limited & Anr., Special Leave Petition [Civil] Diary No. 56230 of 2024, Judgment dated December 20, 2024.
- Subrata Roy Sahara v. Union of India, (2014) 8 SCC 470.
- Dalip Singh v. State of Uttar Pradesh, (2010) 2 SCC 114.
- K.C. Tharakan v. State Bank of India & Ors., Writ Petition (Civil) Diary No. 27458/2022.
References Explained:
Supreme Court Judgment in Pandurang Vithal Kevne v. BSNL (2024)
This case highlights the abuse of judicial process through repetitive and baseless litigation.
Subrata Roy Sahara v. Union of India (2014)
In this case, the Court criticized the prevalence of frivolous litigation, urging measures to deter senseless claims that waste judicial resources and cause anxiety to innocent parties.
Dalip Singh v. State of Uttar Pradesh (2010)
This judgment condemned litigants who misuse the justice system, emphasizing that those attempting to pollute the stream of justice through unethical means are not entitled to relief.
K.C. Tharakan v. State Bank of India & Ors. (2022)
The Court imposed costs on a dismissed employee for repeatedly raising the same issues, noting that such actions waste judicial time and delay justice for genuine litigants.