LAWS(DLH)-2016-1-115

HS BEDI Vs. NATIONAL HIGHWAY AUTHORITY OF INDIA

Decided On January 22, 2016
Hs Bedi Appellant
V/S
NATIONAL HIGHWAY AUTHORITY OF INDIA Respondents

JUDGEMENT

(1.) In Subrata Roy Sahara v. Union of India, (2014) 8 SCC 470, J.S. Khehar, J. observed that the Indian judicial system is grossly afflicted with frivolous litigation and ways and means need to be evolved to deter litigants from their compulsive obsession towards senseless and ill -considered claims. The Supreme Court, discussed the menace of frivolous litigation. Relevant portions of the said judgment are as under:

(2.) The greatest challenge before the judiciary today is the frivolous litigation. The judicial system in the country is choked with false claims and such litigants are consuming Courts' time for a wrong cause. False claims are a huge strain on the judicial system. Perjury has become a way of life in the Courts. False pleas are often taken and forged documents are filed indiscriminately in the Courts. The reluctance of the Courts to order prosecution encourage the litigants to make false averments in pleadings before the Court. Section 209 of the Indian Penal Code, which provides an effective mechanism to curb the menace of frivolous litigation, has been seldom invoked.

(3.) An important question of law of public interest relating to the scope of Section 209 of Indian Penal Code has arisen for consideration before this Court. Section 209 of the Indian Penal Code provides that dishonestly making a false claim in a Court is an offence punishable with punishment of imprisonment upto two years and fine. Section 209 of the Indian Penal Code is reproduced hereunder: -