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'Don't File Petition Only Because SC is in Same City': Top Court's Caveat on Delhi HC Appeals

The bench was dealing with a petition arising out of an interim order passed by the Delhi High Court.

Utkarsh Anand | CNN-News18

Updated:November 17, 2019, 8:33 AM IST
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'Don't File Petition Only Because SC is in Same City': Top Court's Caveat on Delhi HC Appeals
Illustration by Mir Suhail/News18.com

New Delhi: The Supreme Court has strongly criticised the practise of indiscriminate filing of petitions against almost every order of the Delhi High Court only because both the courts are in the same city.

A bench of Justices Sanjay K Kaul and KM Joseph noted that there is a pattern that appeals against the Delhi High Court orders are routinely filed in the top court irrespective of their merits.

One prime reason why this happens is because both the courts are in the national capital and hence the distance is less, observed the bench. It maintained that proximity of the two constitutional courts should not be the reason why appeals should be filed in the Supreme Court.

"We must deprecate the tendency to file a Special Leave Petition against every order passed by the Delhi High Court and that too on the Original Side. Mere proximity of the Supreme Court cannot give right to every litigant of the High Court to file appeal," held the bench.

The bench was dealing with a petition arising out of an interim order passed by the Delhi High Court. The High Court, in a civil matter, had framed certain issues for further adjudication of the matter, against which the appeal was filed in the Supreme Court.

The judges in the top court, however, noted that the chief cause of filing this appeal against the interim order was that both the courts were in the same city and that there was nothing to be challenged in it.

The bench noted that some deterrents must come through against such misadventures, and dismissed the present appeal with a fine of Rs 10,000.

"We are of the view it is time some deterrent is put to such frivolous appeals and the Special Leave Petitions are dismissed with costs quantified at Rs 10,000, to be deposited with the Supreme Court Advocates-on-Record Welfare Fund within two weeks," ordered the bench.

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