ISLAMABAD: The Supreme Court has held that vexatious and speculative litigation unduly burdens the courts by giving artificial rise to the pendency of cases, which in turn clogs the justice system and delays the resolution of genuine disputes.
A three-member bench of the apex court, headed by Justice Syed Mansoor Ali Shah and comprising Justice Jamal Khan Mandokhel and Justice Ayesha A Malik, fined a petitioner Rs100,000 for repeatedly filing vexatious and frivolous claims in various courts.
“Such litigation is required to be rooted out of the system, and one of the ways to curb the such practice of instituting frivolous and vexatious cases is by imposing costs under Order 28 Rule 3 of the Supreme Court Rules, 1980,” says a six-page judgment authored by Justice Syed Mansoor Ali Shah.
The court held that the spectere of being made liable to pay actual costs should be such as to make every litigant think twice before putting forth a vexatious claim or defence before the court.
“The imposition of costs in frivolous and vexatious cases meets the requirement of a fair trial under Article 10A of the Constitution, as it not only discourages frivolous claims or defences brought to the courthouse but also allows more court time for the adjudication of genuine claims,” the decision states.
The court held that the petitioner has repeatedly abused the courts to advance a personal grudge by repeatedly filing vexatious and frivolous claims in various courts, not only wasting the precious time of these courts but also causing anguish and pain to the other party that unnecessary, unfair, and prolonged litigation brings. “We, therefore, dismiss the present petition with costs of Rs100,000, which shall be deposited by the petitioner with the trial court for payment to Qazi Mubasher Shahzad within three months from today.”
