In a recent and significant legal development, the Supreme Court of India has exposed a disconcerting and ongoing practice of bench hunting (forum shopping) within the Rajasthan High Court. This practice involves litigants strategically filing cases in an attempt to have them heard by specific judges or benches, with the belief that their chances of obtaining a favorable outcome are increased. 

In the matter a civil petition was filed in the Rajasthan High Court after relief was not granted in a criminal petition. The Supreme Court, while addressing this matter, issued a stern warning to the High Court judge, cautioning against such practices. The apex court emphasized that if these practices are allowed to persist, the authority of the Chief Justice over the allocation of cases (roster), would be seriously undermined, rendering it essentially meaningless.

In response to the case at hand, the Supreme Court not only dismissed the pending civil petition in the High Court but also imposed a fine of 50,000 rupees on all three parties who sought relief. Furthermore, the parties were directed to deposit this amount with the Rajasthan State Legal Services Authority within one month.

This pivotal decision was rendered by a division bench of the Supreme Court consisting of Justices Abhay S. Oka and Pankaj Mithal. The case in question was an appeal lodged by Ambalal Parihar from Pali district, challenging a judgment of the Jodhpur High Court's Principal Seat that had been pending for approximately five months.

Of particular concern to the Supreme Court was the delay in lodging a First Information Report (FIR). The Court questioned the rationale behind filing a civil writ petition for the consolidation of FIRs when the roster for criminal petitions is listed separately. In a bid to uphold discipline and the proper functioning of the judicial system, the Supreme Court strongly instructed judges not to take up cases until they have been specifically assigned for a hearing by the Chief Justice. In cases where the nature of the petition needs alteration, the Court emphasized that judges should consider converting a civil petition into a criminal one, ensuring that cases are heard by the appropriate benches.

The matter at hand involved three residents of Jodhpur, namely Ajay Purohit, Piyush Doshi, and Mahavir Doshi, who had requested the High Court to consolidate eight FIRs filed against them in a civil petition. In response to this request, the High Court ordered that no punitive action be taken against the three individuals. However, the appellant, Mr. Parihar, alleged that those obtaining relief from the High Court have manipulated the roster system to their advantage.

Case: Ambalal Parihar Vs. The State of Rajasthan and Ors, Criminal Appeal No.3233 OF 2023.

Read/Download Order: SC imposes 50,000 fine for forum shopping by violations