Trial courts' duty to nip frivolous litigation in the bud: SC

The bench stressed that the trial courts and the Magistrates had an important role in curbing injustice

The Supreme Court on Monday said trial courts and judicial magistrates, being the first line of defence for the criminal justice system as well as distraught and harassed litigants, had a duty to nip frivolous litigations in the bud even before they reach the stage of the trial, by discharging the accused in fit cases.

The court was commenting on cases arising from a petty incident of some neighbours' physical altercaton in 2012 in Meerut, Uttar Pradesh. The top court quashed all the cases.

The bench stressed that the trial courts and the Magistrates had an important role in curbing the injustice, adding that such matter should not have been dragged up to the top court.

The incident resulted in series of prolonged proceedings. A magistrate issued a process in a private complaint by one of the parties after he remained unsatisfied with the police charge sheet. The sessions court further invoked harsher charges in the matter.

Noting with regret, a bench of Justices Mohan M Shantanagoudar and R Subhash Reddy said, "A falsely accused person not only suffers monetary damages but is exposed to disrepute and stigma from society. While running from pillar to post to find a lawyer to represent his case and arranging finances to defend himself before the court of law, he loses a part of himself."

The court noted that a history of ill-will and malice between the parties resulted in tying up one party in frivolous and harrowing criminal litigation, long years after the alleged incident.

The court said the trial court's judicious intervention would not only save judicial time that comes at the cost of public money but would also protect the right to liberty that every person was entitled to under Article 21 of the Constitution.

"In this context, the trial judges have as much, if not more, responsibility in safeguarding the fundamental rights of the citizens of India as the highest court of this land," the bench added.

"Frivolous litigation should not become the order of the day in India. From misusing the Public Interest Litigation jurisdiction of the Indian courts to abusing the criminal procedure for harassing their adversaries, the justice delivery system should not be used as a tool to fulfil personal vendetta," the bench said.