Blog

Delhi High Court on the Petitioner’s conduct by giving a wrong statement in the writ petition.

Title : MS. SABIHA PARVEEN v. GOVERNMENT OF NCT OF DELHI & ORS

Decided on : 03.11.2023.

Case No. : W.P.(C) 11646/2023

CORAM : HON’BLE MR. JUSTICE TUSHAR RAO GEDELA

Introduction

The Petitioner before this Court has filed the present petition under Article 226 of the Constitution of India as a Public Interest Litigation (“PIL”) seeking for the relief. That the petitioner has no personal interest in the litigation and the petition is not guided by self-gain or for any other person/ institution/ body/ and that there W.P.(C.) No.11646/2023 Page 3 of 11 is no motive other than of Public Interest in filling the writ petition.

Fact of the Case

The Respondent , who has been impleaded as a Respondent later and who is the owner of the property in question had preferred an application initially for intervention which has been allowed. In the intervention application, it has been stated on affidavit that the Petitioner is having a family dispute with Respondent No.5 and the Petitioner has been demanding 25 lakhs from Respondent No.5. The Petitioner and Respondent No.5/ applicant are first cousins. The Petitioner is the daughter of the Applicant’s father’s sister, i.e., the Applicant’s bua and the Applicant’s W.P.(C.) No.11646/2023 Page 4 of 11 father is the Petitioner’s maternal uncle, i.e., mama. All these facts were suppressed while filing the writ petition.

The Respondent No.5, prior to filing of the writ petition on 10.05.2023 had lodged a police complaint against the Petitioner in respect of extortion, threat, etc. and as no action was taken in respect of the complaint lodged, he approached the Hon’ble Lieutenant Governor on 23.05.2023.

Case Analysis and Judgment

The Petitioner’s conduct by giving a wrong statement in the writ petition duly supported by an affidavit amounts to committing contempt of Court, however as the Petitioner is a lady, we are refraining ourselves from proceeding against the Petitioner as cost has already been imposed. The Petitioner is warned to be careful in future, and not to file such frivolous petitions again by suppressing material facts.

The petition stands disposed of in the aforesaid terms.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Written  by Nimisha Sunny