In a scathing rebuke, the Punjab and Haryana High Court dismissed a petition filed by advocate Suresh Kumar against the State of Haryana and others, slapping a ₹25,000 fine on the petitioner for making frivolous, scandalous, and contemptuous allegations against judicial officers. The court observed that the petitioner had attempted to malign the judiciary and interfere with the administration of justice by leveling baseless and unfounded accusations.
The single-judge bench of Justice N.S. Shekhawat presided over the matter (CRM M-58284 of 2023) and categorically rejected the petition, holding it as misconceived and unmaintainable.
Background of the Case
Advocate Suresh Kumar, who appeared in person, had approached the High Court under Section 482 of the Criminal Procedure Code (Cr.P.C.), seeking directions for the registration of an FIR against two advocates and four judicial officers. The petitioner alleged that the private respondents had colluded to grab public property by misusing their positions in the judiciary. He further prayed for the matter to be investigated by the CBI or a senior judicial officer, citing serious allegations of corruption.
Kumar’s written submissions alleged that judicial officers in Haryana were bribed and decided cases in favor of certain individuals within an unusually short period of six months, while cases against those same individuals remained pending for years. He also accused members of the Bar Council of Punjab and Haryana of acting under the influence of the private respondents. Additionally, he claimed that the relative of one of the accused individuals was a high-ranking police official (DGP in Odisha), which allegedly influenced the course of investigations.
However, the court found that the petitioner failed to provide any specific details or evidence to substantiate these claims.
Court’s Observations
Dismissing the petition, Justice N.S. Shekhawat ruled that the High Court cannot be used as a platform to malign judicial officers or manipulate the legal system. In an emphatic statement, the court held:
“The dignity of the court is not so brittle as to shatter by a stone thrown by a madman.”
The court noted that no litigant has the right to browbeat or scandalize judicial officers simply because they did not receive a favorable order. The judgment emphasized that the tendency of disgruntled individuals to malign judges and judicial institutions must be dealt with strictly.
Quoting the Supreme Court’s decision in Sakiri Vasu v. State of U.P. (2008 AIR SC 907), the High Court reiterated that there are established legal remedies available for individuals aggrieved by non-registration of FIRs, such as:
– Approaching the Superintendent of Police under Section 154(3) Cr.P.C.
– Moving the Magistrate under Section 156(3) Cr.P.C.
– Filing a criminal complaint under Section 200 Cr.P.C.
The High Court underscored that directly approaching the High Court with such a petition was not permissible when alternative remedies were available.
Warning and Fine Imposed on the Petitioner
The court warned Suresh Kumar against filing frivolous petitions in the future and imposed a ₹25,000 cost, directing him to deposit the amount with the PGI Poor Patient Welfare Fund, Chandigarh, within two months. If the fine is not paid within the stipulated time, it shall be recovered as arrears of land revenue.
Justice Shekhawat further observed that:
“No lawyer or litigant can be allowed to intimidate the judiciary by making reckless allegations. The protection of judicial dignity is paramount to ensure the rule of law in a democracy.”
