"Values Have Gone Down; Litigants Can Go To Any Extent To Mislead Court": Allahabad HC Dismisses PIL With ₹50K Cost

"In the last 40 years, the values have gone down and now litigants can go to any extent to mislead the court. They have no respect for the truth," the Allahabad High Court recently observed while dismissing a Public Interest Litigation (PIL) plea with ₹50,000/- cost.

The Bench of Chief Justice Rajesh Bindal and Justice J. J. Munir issued this order while dealing with a PIL plea filed by one Ram Prasad Rajouriya seeking action two persons alleging that they had embezzled the money of the Government meant for the development of Gram Panchayat.

During the course of the hearing, the bench noted that the petitioner had moved to the HC earlier in the year 2018 claiming the same relief, and the said plea was dismissed on March 15, 2018, however, the fact about the dismissal of the earlier pela was concealed by the petitioner.

When this fact was brought to light by the counsel for the respondent, the counsel for the petitioner submitted that he may be permitted to withdraw the present petition, however, the Court found it appropriate to dismiss the plea by saddling petitioner with a cost of Rs. 50,000/-.

Court's observations

Essentially, the Court, at the outset observed that the issue regarding approaching the Court by concealing the facts had been examined by Hon'ble the Supreme Court on number of occasions and it has been opined that the same is polluting the stream of justice.

Further, the Court referred to an array of rulings delivered by the Supreme Court wherein the Apex Court had deprecated the practice of the litigants to approach the court by concealing material facts so as to obtain favorable orders.

The ruling of the Apex Court in the case of Moti Lal Songara Vs. Prem Prakash @ Pappu and another (2013) 9 SCC 199 was also referred to by the High Court as it noted that in this case, the Supreme Court, considering the issue regarding concealment of facts before the Court, had observed that "court is not a laboratory where children come to play".

In light of this, the Court stressed that one of the two cherished basic values by Indian society for centuries is "satya" (truth) and further said that the same had been put under the carpet by the petitioner. Significantly, the Court remarked thus:

"Truth constituted an integral part of the justice delivery system in the pre independence era, however, the post-Independence period has seen drastic changes in our value system. Materialism has overshadowed the old ethos and the quest for personal gain has become so intense that those involved in litigation do not hesitate to take shelter of falsehood, misrepresentation and suppression of facts in the court proceedings. In the last 40 years, the values have gone down and now litigants can go to any extent to mislead the court. They have no respect for the truth. The principle has been evolved to meet the challenge posed by this new breed of litigants. Now it is well settled that a litigant, who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final. Suppression of material facts from the court of law, is actually playing fraud with the court. The maxim supressio veri, expression faisi, i.e. suppression of the truth is equivalent to the expression of falsehood, gets attracted."

Consequently, the petition was dismissed with a cost of ₹50,000/-, to be deposited with the Allahabad High Court Bar Association within a period of two months.

Case title - Ram Prasad Rajouriya Vs. State Of U.P. And 5 Others
Case Citation: 2022 LiveLaw (All) 149

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