New Delhi, Jan 21 (PTI) A Delhi court has rejected an appeal against a magistrate's order that dismissed a man's plea seeking exemption from personal appearance on medical grounds, saying liberal access
to justice cannot be misconstrued as a licence to indulge in procedural abuse.
Additional Sessions Judge Anuj Agrawal also said that the case was a textbook example of a litigant who sought the court's assistance when required, but showed scant respect for its authority when compliance was needed.
The court was hearing the appeal of Himmat Singh, who challenged the December 2024 order of a magisterial court dismissing his plea seeking exemption from personal appearance because of medical reasons.
The magistrate had dismissed the plea and also issued warrants of arrest against him in execution of an earlier maintenance order of March 2023.
In an order dated January 20, the court said, "Medical exemption is not a matter of right but a discretionary indulgence which must be founded on credible material. The appellant (Singh) failed to discharge this elementary burden."
Noting the evidence before it, the court said that earlier, warrants of attachment issued against Singh had been returned unexecuted with a report that his house was locked and that he had left it.
It said that the conduct indicated a conscious attempt to evade the process of law.
"The present case is a textbook example of a litigant who seeks the assistance of the court when it suits him, but shows scant respect for its authority when compliance is required," the judge said.
Dismissing the appeal, he said that Singh's conduct reflected a cavalier and obstructive approach towards the execution of lawful judicial orders, and the appeal, instead of being an attempt to redress a genuine legal grievance, had been used as a device to gain time and frustrate execution.
"Liberal access to justice cannot be misconstrued as a licence to indulge in procedural abuse. Frivolous appeals filed to stall execution not only harass the decree-holder but also clog the justice delivery system, thereby depriving genuine litigants of timely adjudication," the judge said.
He underlined that courts were duty-bound to take judicial orders to their logical conclusion.
"Considering the frivolous nature of the appeal, the appellant is directed to deposit a cost of Rs 25,000," the court ordered. PTI MNR MNR ZMN
