A pile of criminal cases between two feuding farmers, who are neighbours in Uttar Pradesh, over a variety of issues, which include an injured bull, became a focal point for the Supreme Court to observe how people engage in frivolous litigation to settle personal vendettas.
A Bench led by Justice Mohan M. Shantanagoudar cautioned Magistrates and trial judges to guard the judicial system from flippant complaints. The apex court said Magistrates form the front rank against pendency.
“Curtailing vexatious litigation is a crucial step towards a more effective justice system a step that cannot be taken without the active involvement of the lower judiciary, especially in criminal proceedings. Immediately after the criminal justice system is set in motion, its course is almost entirely dependent on the judicial application of mind by the Magistrate,” the Supreme Court judgment noted.
The apex court said inane disputes form a large part of the body of backlog in courts. In one of the cases between the neighbouring farmers, the court noted, not a single witness has been examined till date.
“The justice dispensation machinery in India is plagued with backlogs, with 70% of the pendency before the subordinate courts being on the criminal side. A significant factor in this backlog is the vast mass of frivolous litigation instituted year after year by litigants with an intent to use the courts of justice for their own mischievous ends,” the judgment noted.
The apex court said the onus was on the Magistrates to nip frivolous cases in the bud.
Justice Shantanagoudar said the farmers’ case, in fact, should not have reached the level of the Supreme Court at all.
The Bench used its extraordinary power under Article 142 of the Constitution to quash all the cases between the farmers.
“In this court’s quest for complete justice, and to bring peace between the parties, who are fighting various litigations since 2006, we exercise our powers under Article 142 to quash all the litigations between the parties arising out of this incident,” the Supreme Court ordered.
