LAW RESOURCE INDIA

Andhra: HC fines advocate for frivolous plea

Posted in LAWYERS by NNLRJ INDIA on December 20, 2010
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HYDERABAD: A division bench of the AP High Court has directed a petitioner to pay Rs1 lakh as fine to the AP State Legal Services Authority within 30 days for filing a frivolous petition.The division bench comprising Chief Justice Nisar Ahmad Kakru and Justice Vilas V Afzulpukar while hearing a public interest litigation filed by a practising Supreme Court advocate Chandrasekhara Reddy seeking the removal of Justice C V Nagarjuna Reddy, wondered how could the subject be in public interest and left it to the wisdom of the Bar Council of India and the State Bar Council to look into whether the stand taken by the petitioner amounted to misconduct and find out if any action could be taken against him. The advocate filed the petition challenging the continuance of the judge who had resigned during an agitation by the Telangana advocates. The advocates had resorted to a violent agitation demanding 42 per cent reservations for those from Telangana in judicial posts.The court, in its judgement delivered recently, criticised the failure of the petitioner to express regrets on the role of some of the advocates, who hurt the dignity and independence of the bar and the bench.Taking the view that if the unhealthy practice of filing petitions against judges on frivolous grounds goes unchecked, judiciary cannot be expected to discharge its constitutional duty without fear, the bench said fearless administration of justice may be become a myth rather than a reality.

http://expressbuzz.com/states/andhrapradesh/andhra-hc-fines-advocate-for-frivolous-plea/232777.html

2 Responses

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  1. penjurivenugopal said, on December 21, 2010 at 19:31

    I welcome the judgment and the petitioner is entitled for fine of Rs.1,00,000/- for frivolous petitions. I heard the arguments of the petitioner and others and the matter was reserved for judgment/order. I think so this is the first time the High Court of AP has imposed fine of Rs. one Lakh.

    PENJURIVENUGOPAL,
    ADVOCATE-HIGH COURT OF AP.
    9949697763

  2. Venkatesh P. Dalwai said, on December 22, 2010 at 10:31

    Such petitions must be dealt with iron hands which is done by imposing costs. Advocate who was petitioner himself ought to have been little care full in verifying the facts as to Resignation of Justice Reddy was infact sent President of India and stage of it. The prayer for removal is unheard off inview of constitutional mandate of removal by impeachment only. Some times cheap publicity to fame by adopting shortcut routes costs dearly.


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