In a recent case titled "Naresh Sharma v Union of India & Ors," the Delhi High Court has observed that the Bar Council of India (BCI) should establish rules to regulate the conduct of litigants representing themselves in court. The aim is to curb the rising tide of frivolous litigation and alleviate the burden on the judicial system.
Justice Swarana Kanta Sharma, presiding over the case, highlighted the prevalence of abusive and frivolous lawsuits, leading to an excessive waste of valuable time and resources of the court. While the legal profession has a code of ethics for lawyers, self-represented litigants lack such guidelines, posing a challenge to the justice delivery system.
The court emphasized that self-represented litigants have a responsibility to critically evaluate the merits of their claims before presenting them in court. They must ensure that their cases are based on legitimate legal grounds, supported by relevant facts and legal principles. Frivolous litigation not only consumes judicial resources but also contributes to the mounting backlog of pending cases, delaying justice for genuine litigants.
The case involved Naresh Sharma, who claimed to be an alumnus of the Indian Institute of Technology (IIT). He alleged that the Indian government, in collusion with the Tata group of companies, had committed crimes affecting the entire economy by criminally establishing various public organizations, thus violating his fundamental rights under Article 21 of the Constitution.
However, the court found the petitioner's claims to be absurd and beyond the scope of relief it could grant. The petitioner's demand for a criminal record to be created against him by the police was deemed incomprehensible, as there are existing provisions to provide such records when required.
Consequently, the court dismissed the frivolous and vexatious petitions, characterizing them as an abuse of the legal process. The language used in the petitions was found to be embarrassing and scandalous, devoid of any intelligible form or real issue.
Petitioner Naresh Sharma appeared in person during the proceedings, while the Central Government Standing Counsel (CGSC) Rakesh Kumar, along with Advocate Sunil, represented the Central government. Additional Standing Counsel (ASC) Sanjeev Bhandari, along with advocates Kunal Mittal and Saurabh Tanwar, appeared on behalf of the Delhi government.
The court's detailed order calls for the implementation of an ethical code for self-represented litigants to deter the filing of frivolous cases and ensure a more efficient and just judicial system.
Case Title: Naresh Sharma v Union of India & Ors
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