HC imposes a fine of Rs 35,000 on 7 persons for abusing the court’s process

Syllad | The Rising MeghalayaOctober 14, 2019

SHILLONG: The Meghalaya High Court has imposed a fine of Rs 35,000 on seven persons –who sought staying of the KHADC’s public notice prohibiting hawking by non-tribals without any trade license –for misusing and abusing the process of the Court.

“Accordingly, the writ petition is dismissed with costs of 5000/- to be paid by each of the petitioners separately to the District Council within two weeks for frivolous invoking of the writ jurisdiction,” chief justice Ajay Kumar Mittal said in his order passed here on Monday.

The writ petition was filed against the state government, Khasi Hills Autonomous District Council (KHADC) and Secretary to the Executive Committee of the KHADC challenging the public notice issued on October 4.

The seven persons- Juli Warjri, Theila Marbaniang, Banisha Jyrwa, Idaris Kharwanlang, Deneris Thongni, Risuklang Marwein and Margrete Khongwir- while seeking an immediate stay of the notice, had alleged that the public notice was in direct contrary to the order passed on December 16, 2016.

However during the hearing on the matter, Additional Advocate General ND Chullai and senior counsel VGK Kynta appearing on behalf of the KHADC said that since the petitioners are tribals, the said notification is not applicable to them and have approached the Court with malicious/ulterior motive.

They further urged that there is no cause of action for them to file the writ petition.

On the other hand, the counsel for the petitioners was unable to satisfy the Court as to the nature of grievance of the petitioners who are tribals whereas the non-tribals have been directed to obtain trading license.

“After hearing learned counsel for the parties, I find force in the submissions of the learned counsel for the respondents. The petitioners who are the tribals have not shown any cause of grievance to them and in fact, have misused and abused the process of this Court,” the chief justice said.