HC cracks down on frivolous petition, fines advocate Rs 1 lakh
Hyderabad, Dec 19 (INN): A Division Bench of the Andhra Pradesh High Court has penalised an advocate for filing a frivolous petition against a Judge seeking his ouster. The Division Bench, comprising Chief Justice Nisar Ahmad Kakru and Justice Vilas V Afzulpurkar ruled that the petition filed by an advocate was frivolous imposed a fine of Rs one lakh, payable to the AP State Legal Services Authority within thirty days. The petition was filed against Justice CV Nagarjuna Reddy for refusing to be privy to the boycott call of the advocates. The advocate had then filed a petition against the Judge, seeking his ouster.
The Division Bench left it on the wisdom of the Bar Council to examine if the stand taken by the advocate amounted to misconduct and to find out any action is necessary against the advocate, in the light of a decision by the Supreme Court which prohibits boycott and strikes by the advocates. Failure of the advocate-cum-petitioner to express regrets on the role of some of the advocates, who rendered the dignity and independence of the Bar and the Bench a casualty, is also read against the petitioner by the Division Bench. The Bench reminded the advocates about the judicial decision of the Supreme Court, the bench observed.
The Bench further observed that if the unhealthy practice of filing petitions against the Judges on frivolous grounds goes unchecked, the Judiciary cannot be expected to discharge its Constitutional duty without fear and if judges opt for escapism, fearless administration of justice by Judiciary may be only a myth rather than a reality.
News Posted: 19 December, 2010
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