Take litigants to task for false claims: HC to lower courts

Observing that the "greatest challenge" before the judiciary is the filing of frivolous litigation, Delhi High Court has issued guidelines to lower courts on initiating prosecution in "appropriate" cases for making false claims.
The reluctance of the courts to order prosecution encourages the litigants to make false averments in pleadings before the court, it said in a 99-page order on the issue of implementation of IPC Section 209 related to dishonestly making false claim in court.
Justice J R Midha said false claims were a "menace" which "delay justice and compromise sanctity of a court of justice" as they put a "huge strain" on the legal system and added that such practice has to be ended with an "iron hand" or else every law breaker would violate the law with impunity.

"Hence, deterrent action is required to uphold the majesty of law. The court would be failing in its duties, if false claims are not dealt with in a manner proper and effective for maintenance of majesty of courts as otherwise the courts would lose its efficacy to the public," the high court has said.
It also said that filing false claims in courts "aims at striking a blow at the rule of law and no court can ignore such conduct".
"It would be a great public disaster if the fountain of justice is allowed to be poisoned by anyone resorting to filing of false claims," it said.

The high court expressed hope that "the courts below shall invoke Section 209 in appropriate cases to prevent the abuse of process of law, secure the ends of justice, keep the path of justice clear of obstructions...".

"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 the courts' time for a wrong cause. False claims are a huge strain on the judicial system....
The high court had taken up the issue of lack of
implementation of section 209 and frivolous litigations after a false claim was made by a landlord against the National Highways Authority of India (NHAI), which had rented his premises.

The landlord had issued an unconditional apology after the high court had issued a show cause notice to him for making the false claim. The show cause notice was discharged later only after costs of Rs 50,000 was paid by him.
The high court, however, felt that the issue had to be gone into in detail and guidelines needed to be created for invoking the penal provision.
After going through judgments passed by the Supreme Court as well as legal provisions world over on the issue, the high court has come to the conclusion that "section 209 was intended to deter the abuse of court process by all litigants who make false claims fraudulently, dishonestly, or with intent to injure or annoy".

Issuing guidelines to deal with the issue, the high court has said that when a false claim is made before a court, "it would be appropriate, in the first instance, to issue a show cause notice to the litigant as to why a complaint be not made against him for having made a false claim".
"If the facts are sufficient to return a finding that an offence appears to have been committed and it is expedient in the interests of justice to proceed to make a complaint under the Criminal Procedure Code (CrPC), the court need not order a preliminary inquiry.

"But if they are not and there is suspicion, albeit a strong one, the court may order a preliminary inquiry. For that purpose, it can direct the state agency to investigate and file a report along with such other evidence that they are able to gather," the high court has said.
It further said that "once it prima facie appears that an offence under section 209 IPC has been made out and it is expedient in the interest of justice, the court should not hesitate to make a complaint under the CrPC".
It has asked that the judgment be sent to the District and Sessions Judges for being circulated to the courts below as well as to the Delhi Judicial Academy for sensitizing judges to the scope of section 209.