Supreme Court Rebukes Lawyer for Filing ‘Misconceived’ PIL

SUPREME COURT LAW INSIDER

LI Network

Published on: 30 January, 2024 at 12:00 IST

In a recent hearing on the final appeal challenging judgments from the Madras and Kerala High Courts regarding TDS deduction from the salaries of nuns and missionaries, the Supreme Court sternly rejected a Public Interest Litigation (PIL) seeking directions for State Governments to establish ‘Courts Special Cells’ to ensure compliance with court orders.

The Court took the opportunity to rebuke the lawyer, emphasizing the need for a better understanding of legal intricacies before filing such petitions.

Chief Justice of India (CJI) directed strong words at the petitioner, expressing dismay at the recurrence of such PILs.

The CJI cautioned, “You are back again? Last time I told you not to file such PILs… somebody will impose costs on you. Now this direction in PIL that all state governments must comply with court orders… we were gentle on you last time, but you have persisted in filing these PILs. Please do something else. If you have a little free time, you can attach yourself to a Senior Lawyer, learn some law, and refrain from filing these kinds of petitions.”

The PIL aimed to instruct state governments to establish ‘Courts Special Cells’ to monitor compliance with court orders and issue circulars to government departments for adherence.

The CJI clarified that specific directions of this nature were unnecessary, as a remedy already exists through the filing of a contempt petition when state authorities fail to comply with court orders. He stated, “We cannot pass a general order like this. That is the law; you have to comply with the orders passed by the Court.”

Labeling the PIL as ‘misconceived,’ the Court dismissed the matter, underscoring the importance of legal education and discouraging the filing of petitions lacking a proper understanding of legal principles. The incident serves as a reminder of the judiciary’s commitment to upholding legal standards and discouraging frivolous litigation.

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