Jammu and Kashmir High Court Imposes Exemplary Costs on Habitual Litigator for Frivolous Petitions

Attorney Holder Abdul Gani Bhat Faces Rupees Two Lakhs Penalty for Repeated Abuse of Judicial Process

In a significant ruling, the Jammu and Kashmir High Court has imposed exemplary costs of Rupees Two Lakhs on Attorney Holder Abdul Gani Bhat for filing frivolous and vexatious petitions. The judgment, delivered by Justice Vinod Chatterji Koul, highlights the persistent misuse of the judicial process by the petitioner, aimed at harassing judicial officers and clogging the judicial system with baseless filings.

Attorney Holder Abdul Gani Bhat, identified as a habitual litigator, has been repeatedly filing petitions against judicial officers, including Judges of the High Court and Subordinate Courts, without any substantive grounds. The court noted that such actions are not only a direct attack on the administration of justice but also erode public confidence in the legal system.

The court observed that the petitioner has been involved in filing repeated, meritless petitions by merely changing the nomenclature of reliefs, thus wasting valuable judicial time. Despite previous reprimands and the imposition of costs, Bhat has continued his conduct unabated, prompting the court to impose a higher penalty this time to deter further misuse.

Justice Koul emphasized that imposing exemplary costs is a constitutional obligation to protect genuine litigants and ensure the efficient functioning of the judiciary. The judgment also calls for the establishment of rules or guidelines to control such vexatious litigation and safeguard the integrity of the justice delivery system.

The court has directed the Registrar Judicial to recover the penalty within four weeks and to consider further legal action if the costs are not paid. Additionally, a copy of the order will be placed before the Chief Justice for possible formulation of measures to prevent such abuses in the future.

This judgment serves as a strong warning to litigants who misuse judicial processes to harass parties or judicial officers. The court's decision underscores the need for an institutional approach to penalize such behavior and protect the judicial system's integrity.

Bottom Line:

Frivolous and vexatious litigation aimed at harassing judicial officers and abusing the judicial process is a serious menace to the administration of justice. Courts must deter such litigants by imposing exemplary costs and safeguarding the integrity of the justice delivery system.

Statutory provision(s): Section 528 BNSS, Article 226 of the Constitution of India, Advocates Act

Dr. Mohammad Himayun v. Nishat Ara, (Jammu And Kashmir)(Srinagar) : Law Finder Doc Id # 2820214