Supreme Court penalizes lawyer for misusing Article 32, reiterates strict stance on frivolous litigation.
SUPREME COURT IMPOSES COSTS FOR FRIVOLOUS PETITION
Case in NewsThe Supreme Court of India imposes costs for frivolous petitions filed by an advocate misusing Article 32 of the Constitution jurisdiction. |
Case Overview
Case Name – Sandeep Todi vs Union of India & Ors.
On 22nd April 2025, the Supreme Court of India bench comprising Justice Vikram Nath and Justice Sandeep Mehta imposed a cost of Rs 5,00,000 on petitioner Sandeep Todi, an advocate for abusing the writ jurisdiction under Article 32 of the Indian Constitution . Despite being an enrolled lawyer for over 3 years the petitioner filed several Frivolous Cases including the present one which the Court held was lacking any legal foundation or understanding.
Key Aspects
- The petitioner invoked Article 32 of Indian Constitution seeking baseless reliefs not connected with fundamental rights.
- The bench observed a pattern of habitual continuous filing of Frivolous Cases in several courts.
- Despite being a legally trained advocate the petitioner made legally untenable and malicious claims .
- The Supreme Court dismissed the request for simple withdrawal of the petition to avoid misuse of the judicial process.
- A penalty of Rs 5 lakhs was imposed to be deposited with the National Legal Services Authority (NALSA) .
Legal Insights
- Article 32 of the Constitution permits individuals to directly approach the Supreme Court of India for enforcement of Fundamental Rights but it cannot be used for airing personal grievances unrelated to such rights .
- Article 142 of the Indian Constitution empowers the Supreme Court of India to pass any decree or order necessary for doing complete justice in any cause or matter pending before it and used here to impose exemplary costs .
- Order XX of the Supreme Court Rules, 2013 governs the filing of writ petitions under Article 32 of Indian Constitution and mandates that petitions must raise substantial questions involving violation of rights.
- The Supreme Court stressed on the doctrine of abuse of process of law by reinforcing that even advocates are not immune from consequences of misusing legal forums.
Court’s Verdict
The Supreme Court of India rejected the writ petition and ordered the petitioner to deposit Rs 5,00,000 with NALSA within 4 weeks. Proof of deposit must be filed within 6 weeks, failing which the Registry will re-list the matter . This stern decision reiterates the Court’s resolve to curb the rising trend of Frivolous Cases usually by legal professionals who ought to know better .
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