Early Times Report
Srinagar, Jan 24: The Jammu and Kashmir High Court has penalized a petitioner for suppressing material facts, calling it high time to “stem this rot before it becomes an epidemic.”
“This Court has time and again noted that there is tendency in some of the litigants to suppress the material facts from the Court, at least, on the motion hearing date, so that the Court is persuaded to pass interim directions, adverse to the interest of the respondent(s),” a bench of Justice Sanjeev Kumar, presiding a vacation bench, observed.
“It is high time when this Court rises to the occasion and stem this rot before it becomes an epidemic.
The jurisdiction of this Court whether under Article 226/227 of the Constitution or one vested in terms of Section 482 of Cr.P.C is an equitable and discretionary jurisdiction.
It is, thus, incumbent that the party approaching the Court must come with clean hands and state all the facts truthfully before the Court without any concealment or suppression,” the court said, adding, “If the Court finds that there has been deliberate omission to mention the material facts to mislead the Court, the petition may be dismissed at the threshold without considering the merits of the claim.”
The petitioner had assailed the order 18 April last year passed by the Sub-Judge/Special Mobile Magistrate, Srinagar under Protection of Women from Domestic Violence Act, 2005. However, the counsel representing opposite party opposed it, contending that the petitioner was guilty of suppression of material facts.
“The petitioner, at the same time, cannot be allowed to go scot free.
This petition is, accordingly, dismissed with cost of Rs.10,000/, to be deposited by the petitioner in the Advocates’ Welfare Fund,” the court ordered.
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