High Court to take action if petitioner found guilty of misusing law

Tribune News Service

Saurabh Malik

Chandigarh, March 18

The Punjab and Haryana High Court (HC) has made it clear that deterrent action would be taken against a man, if found misusing the justice delivery system. Justice Arvind Singh Sangwan has asked Registrar (Judicial) to obtain report from all judicial officers concerned on whether the person having matrimonial dispute was filing complaints against them and court officials.

The direction came as Justice Sangwan observed the conduct of the petitioner, appearing in person, was explanatory that “he has made the life of his wife so miserable that the police has to provide security to her and her family”.

Justice Sangwan also fixed the case for July last week, considering the fact that he requested to place on record certain additional documents. The Bench, during the course of hearing, was told that the petitioner was habitual of filing complaints against advocates defending the case on his wife’s behalf. He was also habitual of filing false complaints against the police and judicial officers hearing his case in the district courts.

Justice Sangwan asserted that the Bench had directed the appointment of a legal aid counsel after noticing that the petitioners, who were chronic litigants and appeared in person, tried to mislead the court in majority of the cases by posing innocently that they did not have legal knowledge. As such, a legal aid counsel was appointed to assist the court on the petitioner’s behalf.

But the Bench was told that the petitioner used filthy and unparliamentarily words against court officials. A law officer appearing for the state said the petitioner even called him a ‘tout of the police’ when he was getting instructions from a police official in court for the proceedings

Referring to a report by Central Jalandhar Assistant Commissioner of Police, Justice Sangwan observed it reflected that the petitioner was having a matrimonial dispute and an FIR was registered by his sister-in-law. It was stated that the petitioner was in the habit of clicking wife’s vulgar photographs and gave beating, along with his three accomplices, in September 2021. He was later on arrested and a challan presented. Similarly, another FIR dated February 22, last year, was registered on his mother-in-law’s statement when he allegedly entered her house forcibly and gave beating.

“A report be sought from the illaqa magistrate/staff attached to the court, who are dealing with the FIRs as to whether the petitioner is filing complaints against them/judicial officer(s)/officials of the court in order to take deterrent action by initiating proceedings against him, if found guilty of misusing the process of law,” Justice Sangwan concluded.