HC tells Delhi govt: Use better judgement in choosing what cases to prosecute
Frivolous cases not only clog courts with unnecessary litigation but also delay the hearing of genuine cases, the court said
The Delhi high court has directed the Delhi government’s law department to exercise greater vigilance and sensitivity in taking a call on the cases to prosecute, expressing its displeasure over the department’s decision of recommending an appeal against an order acquitting a man in a rape case.

A bench of justice Amit Mahajan said that it is imperative for the prosecution and legal department to exercise due diligence before initiating case for preserving the integrity of judicial process. Frivolous cases, the court in its 10-page order said, not only clog the courts with unnecessary litigation but also delay the hearing of genuine cases that are awaiting their turn to be addressed.
“Although the present case clearly qualifies as one where costs should be imposed on the prosecution for filing a frivolous appeal, this court has chosen to refrain from passing such an order with a direction to the department of law and legislative affairs to exercise greater vigilance and sensitivity in deciding which cases to prosecute. The filing of frivolous cases has a spiral effect on other litigations which are waiting for their turn to be heard before the courts,” the court said in its October 8 order, released on Wednesday.
The bench added, “The misuse of the legal process through frivolous litigation wastes judicial time and resources, and the department must ensure that only meritorious cases are brought before the court, avoiding unnecessary burden on the judicial system. So, it is imperative that the prosecution and legal departments exercise due diligence before initiating cases to preserve the integrity of the judicial process and ensure timely justice for those with legitimate grievances.”
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The court was responding to a plea filed by the Delhi police seeking grant of leave to appeal against a city court’s April 2019 order acquitting a man under sections 376 (rape) and 511 (punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment) of the Indian Penal Code (IPC). The first information report (FIR) in this case was lodged following information about a quarrel in which the victim alleged that the accused — her landlord’s son — attempted to rape her. In its order, the city court had acquitted the man after the victim admitted that she had filed a false case and the same essentially related to a dispute over rent.
Considering the basis on which the city court had acquitted the man, the court dismissed the plea, saying that no flaws were apparent in the judgment. “Based on the facts outlined above, no flaws are apparent in the impugned judgement. This court is unable to understand the reasoning behind the department of law and legislative affairs recommending an appeal in this case,” the court said.

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