India
SC pulls up Iskcon Kolkata for filing false case against Iskcon, imposed Rs 1 lakh cost | India News
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NEW DELHI: In a legal battle between two spiritual institutions—Iskcon Kolkata and Iskcon Benguluru–, the Supreme Court pulled up the officials of Kolkata centre for lodging a false and frivolous criminal case against MadhuPandit Das who is the President of Iskcon Bangalore and imposed cost of Rs One lakh.
Taking exemption of filing of the frivolous case resulting in loss of precious judicial time, a bench of Justices Ajay Ratogi and Bela M Trivedi said that the present case was more serious as people claiming to be spiritual are indulging in such practice to settle personal scores and to nurture their ego. The criminal case was lodged against Madhu Pandit in a theft case of a luxury bus belonging to Iskcon Kolkata and it was alleged that it was in custody of Iskcon Benguluru.
Seeking quashing to the case, senior advocate Shyam Divan and advocate Kartik Seth, appearing for Iskcon Benguluru, submitted that it was done to harass them under the guise of the bus theft case to settle the personal scores they were able to create around 30 Centres under the aegis of Iskcon Bengaluru.
Noting that the complaint was filed by Iskcon after a delay of eight years, the bench refused to give credence to the allegation.
“If the facts of the case are appreciated, there remains no shadow of doubt that the complaint filed by the respondent-complainant after an inordinate unexplained delay of eight years was nothing but sheer misuse and abuse of the process of law to settle the personal scores with the appellants, and that continuation of such malicious prosecution would also be further abuse and misuse of process of law, more particularly when neither the allegations made in the complaint nor in the chargesheet, disclose any prima facie case against the appellants. The allegations made against the appellants are so absurd and improbable that no prudent person can ever reach to a conclusion that there is a sufficient ground for proceeding against the appellants-accused.”
The court said that it was a matter of concern that people claiming to be involved in spiritual pursuit are indulging in false litigations.
“We would like to add that just as bad coins drive out good coins from circulation, bad cases drive out good cases from being heard on time. Because of the proliferation of frivolous cases in the courts, the real and genuine cases have to take a backseat and are not being heard for years together. The party who initiates and continues a frivolous, irresponsible and senseless litigation or who abuses the process of the court must be saddled with exemplary cost, so that others may deter to follow such course. The matter should be viewed more seriously when people who claim themselves and project themselves to be the global spiritual leaders, engage themselves into such kind of frivolous litigations and use the court proceedings as a platform to settle their personal scores or to nurture their personal ego,” the bench said.
Taking exemption of filing of the frivolous case resulting in loss of precious judicial time, a bench of Justices Ajay Ratogi and Bela M Trivedi said that the present case was more serious as people claiming to be spiritual are indulging in such practice to settle personal scores and to nurture their ego. The criminal case was lodged against Madhu Pandit in a theft case of a luxury bus belonging to Iskcon Kolkata and it was alleged that it was in custody of Iskcon Benguluru.
Seeking quashing to the case, senior advocate Shyam Divan and advocate Kartik Seth, appearing for Iskcon Benguluru, submitted that it was done to harass them under the guise of the bus theft case to settle the personal scores they were able to create around 30 Centres under the aegis of Iskcon Bengaluru.
Noting that the complaint was filed by Iskcon after a delay of eight years, the bench refused to give credence to the allegation.
“If the facts of the case are appreciated, there remains no shadow of doubt that the complaint filed by the respondent-complainant after an inordinate unexplained delay of eight years was nothing but sheer misuse and abuse of the process of law to settle the personal scores with the appellants, and that continuation of such malicious prosecution would also be further abuse and misuse of process of law, more particularly when neither the allegations made in the complaint nor in the chargesheet, disclose any prima facie case against the appellants. The allegations made against the appellants are so absurd and improbable that no prudent person can ever reach to a conclusion that there is a sufficient ground for proceeding against the appellants-accused.”
The court said that it was a matter of concern that people claiming to be involved in spiritual pursuit are indulging in false litigations.
“We would like to add that just as bad coins drive out good coins from circulation, bad cases drive out good cases from being heard on time. Because of the proliferation of frivolous cases in the courts, the real and genuine cases have to take a backseat and are not being heard for years together. The party who initiates and continues a frivolous, irresponsible and senseless litigation or who abuses the process of the court must be saddled with exemplary cost, so that others may deter to follow such course. The matter should be viewed more seriously when people who claim themselves and project themselves to be the global spiritual leaders, engage themselves into such kind of frivolous litigations and use the court proceedings as a platform to settle their personal scores or to nurture their personal ego,” the bench said.
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