Saturday, February 09, 2008

Fined for filing 'unnecessary' writ petition

Supreme Court (SC) slapped a fine of Rs. 5 on advocate Dhananjaya Khanal saying he filed a writ petition just to gain 'cheap popularity' in the name of Public Interest Litigation (PIL) rather than being serious on the issue and following proper norms of the writ procedures. The court for the first time issued such kind of verdict on the PIL.Issuing the verdict in response to a writ petition demanding information about the treaties signed between Nepal and India, a division bench of justices Balram KC and Gauri Dhakal Wednesday said the bench slapped the fine to mitigate unnecessary litigation which really wastes the court's time rather than being genuine in their nature and gravity, joint registrar of the SC Hemanta Rawal cited the Court's ruling."It will be a moral lesson for the citizens and other activists to raise genuine issue while knocking the door regarding public interest litigation,� Rawal cited the verdict.The petitioner has also failed to point out what kind of treaties and its dates while seeking court order and the norms and conditions to be followed while filing writ petition at the court, the court said. "Such kind of unnecessary litigation, on the one hand wastes the time of the court and its staff and on the other it becomes a cause of delay on the cases of other people who are seeking prompt justice.�

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