The Delhi High Court has emphasized that the prosecution and the Delhi Government's Department of Law & Legislative Affairs must exercise proper diligence before initiating legal proceedings, cautioning against the misuse of the legal process through frivolous litigation.

Justice Amit Mahajan remarked that the filing of frivolous cases creates a ripple effect, causing delays for other litigations that are awaiting their turn to be heard by the courts.

The Court noted that the filing of frivolous cases has a far-reaching and harmful impact on the legal system. It not only burdens the courts with unnecessary litigation but also causes delays for genuine cases that are waiting to be addressed, further compounding the strain on the judicial process.

“Such delays undermine the efficiency of the judiciary, causing distress to litigants. Therefore, it is imperative that the prosecution and legal departments exercise due diligence before initiating cases, in order to preserve the integrity of the judicial process and ensure timely justice for those with legitimate grievances,” Justice Mahajan said.

The Court made these remarks while dismissing a plea filed by the prosecution seeking permission to appeal against a 2019 trial court judgment that had convicted a man in a 2011 rape case. Justice Amit Mahajan observed that the prosecution’s case relied solely on the statement of the prosecutrix, without any corroborating independent evidence to support the allegations.

The Court noted that the Additional Public Prosecutor, during the trial, had initially expressed the opinion that the case was not fit for appeal to the High Court, a view also shared by the Director of Prosecution. However, the Department of Law & Legislative Affairs later recommended proceeding with the appeal, despite these earlier assessments, the Court observed.

The Court found no faults in the impugned judgment and expressed difficulty in understanding the rationale behind the Department of Law & Legislative Affairs' recommendation to file an appeal in the case.

“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 & Legislative Affairs to exercise greater vigilance and sensitivity in deciding which cases to prosecute,” the Court concluded.

Title: STATE v. MANPAL & ORS