23 March 2008
The fundamental problem is lack of accountability in the litigant itself- people, including government file cases for no rhyme or reason. Even if they do not win the case, at least they have a satisfaction to harass the defendant through judicial delays.
Actual cost must be imposed after every judicial order on the guilty party. It must be mandatory for the courts to impose cost. The cost must cover the actual cost of litigation. When such cost will be imposed- the litigants will be careful in filing only genuine petition in the court, the courts will have time to examine the petition on merits and people will have more faith in the judiciary.
I pity sometime when a litigant receives a "exemplary cost" of Rs. 10,000/- after 20 years of litigation!
Such provision is not being passed to save the government who is known to file frivolous petition in all matters. Further, for any governemnt of the day, filing frivolous petition is a source of power to harass- which no government wants to loose.