Kerala High Court Dismisses Plea To Suspend State’s Top Officials For ‘Undue Influence’, Says Aimless Allegations Without Supporting Material
Case: Asif Azad v. Union of India & Ors.
Coram: Justice Bechu Kurian Thomas
Case No.: WP(CRL.) NO. 202 OF 2023
Court Observation: “Access to justice, though a fundamental right, cannot be extended to a right to prefer misconceived and frivolous petitions. The nature of reliefs claimed for and the nebulous pleadings are indicative of absence of any particular right of the petitioner having been infringed,”
“This Court is unable to comprehend how the defects noted by the Registry of this Court in the writ petitions filed can be attributed with allegations of violating fundamental rights. One of the functions bestowed upon the Registry is to scrutinize the petitions filed before the Court. Rule 15 and Rule 50 of the Kerala High Court Rules 1971 confer power upon the Registry to notice defects if any, in the petitions or applications filed before the Court,”
“Apart from the above, in the absence of violation of any specific right, a person cannot approach this Court under Article 226 of the Constitution of India. The nature of pleadings and the reliefs claimed for reveals that the writ petition is filed on an experimental basis and in bad taste. The manner in which the petitioner has raised his pleadings in the writ petition and the nature of reliefs sought compels this Court to visit the petitioner with costs as a disincentive for indulging in such frivolous writ petitions,”
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Kerala High Court Dismisses Plea
