HC fines litigant with Rs 2 lakh for abusing court process, calls for curb on vexatious pleadings

11/12/2025

SRINAGAR, Dec 10: The High Court of Jammu & Kashmir and Ladakh dismissed a petition filed by 82-year-old Abdul Gani Bhat and imposed exemplary costs of Rs 2 lakh on him while calling him a habitual and vexatious litigant who has repeatedly abused the judicial process by filing frivolous cases against judges, court officials and even his own daughter-in-law.
Justice Vinod Chatterji Koul, while pronouncing order on December 8 expressed deep concern over the petitioner's "disturbing pattern" of filing baseless petitions under different legal provisions but based on the same set of allegations.
The judge noted that Bhat has been spending "most of his time in courts" and has made it a practice to level "wild, indecent and scandalous allegations" against judicial officers and family members.
The petition in question was filed by Bhat as an attorney holder on behalf of his son seeking criminal proceedings against his daughter-in-law, besides demanding explanations and contempt action against presiding officers of the subordinate judiciary.
The Court observed that the reliefs sought were legally untenable and reflected an attempt to harass judicial officers.
The order records that Bhat has filed multiple petitions on the same issue over the past years. A previous Bench had gone to the extent of terming him "a cancer for the judicial system", imposing Rs 1 lakh costs earlier this year. His petitions were all dismissed after raising identical allegations.
Justice Koul noted that Bhat's present petition contained "filthy and objectionable remarks" against his daughter-in-law, which the Court ordered to be struck off the record, stating that such language "cannot be divulged" in a judicial order.
The Court said Bhat had no locus to appear or argue as a lawyer. Despite a query from the Bench, he failed to demonstrate how a power of attorney could grant him the right to act as a legal practitioner under the Advocates Act.
Holding that frivolous filings constitute a "serious menace" to the justice system, the Court cited Supreme Court rulings, including Dnyandeo Sabaji Naik vs Pradnya Kadekar (2017) and Pandurang Vithal Kevne vs BSNL (2024), emphasising that courts are duty-bound to impose real, deterrent costs to protect the system from misuse.
"Repeated, meritless and vexatious filings… choke the dockets and deprive genuine litigants of timely justice," the Court observed, warning that the judicial process "cannot be trifled with".
In view of Bhat's conduct, the judge directed the Registrar Judicial to recover the Rs 2 lakh costs within four weeks, failing which recovery proceedings may be initiated under land revenue laws.
Significantly, the Court has also ordered that a copy of the judgment be placed before the Chief Justice, recommending that a committee be constituted to examine the issue and frame guidelines for dealing with such vexatious litigation in future.
"The matter calls for serious consideration of His Lordship, including the constitution of a Committee to examine the issue and to frame rules or guidelines for regulating and controlling such vexatious and baseless petitions, so as to safeguard the integrity of the judicial process and protect the precious time of the Courts," Justice Koul noted.

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