Delhi High Court Raps Litigant for Repeated Pleas Against Bharatiya Nyaya Sanhita Provisions

The Delhi High Court on Wednesday rapped a litigant for repeatedly filing petitions challenging certain provisions of the Bharatiya Nyaya Sanhita (BNS) 2023, despite dismissal of his earlier pleas seeking similar reliefs.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela pulled up Upendra Nath Dalai, who filed a writ petition seeking to declare the offences of waging war against the State and unlawful assembly under Sections 147 to 158 of the BNS as ultra vires.

The High Court, in July, had already dismissed his plea seeking abolition of the same provisions.

ASG’s Submission and Petitioner’s Argument

At the outset, Additional Solicitor General (ASG) Chetan Sharma submitted that the only difference between the earlier and present petitions was that the previous one used the word “abolish”, whereas the fresh plea sought to declare the provisions as “unconstitutional.”

Dalai, appearing in person, argued that Courts have the power of judicial review in case any offence infringes upon the fundamental rights of citizens.

Court’s Observation and Caution to Petitioner

On hearing him, the Court cautioned Dalai, stating: “We are cautioning you. The kind of petition you have filed. First you file a writ petition, then review. Then against review same prayer. Merely by changing wordings won't entitle you to file numerous petitions on same thing. Court is not a platform to indulge in public discourse. This is a Court of law. You must ensure you are arguing matter on legal issues. You cannot be permitted to make such averments. If you are fond of all this go somewhere else, not courts.”

The Bench further pulled up Dalai for the averments made in his petition, including references to the Pulwama attack, noting that he was even provided with a senior lawyer and a lawyer who understood his language for assistance. The Court said such conduct of filing baseless petitions could not be appreciated.

“We are cautioning you. Don't compel us. Judicial review on the ground of Pulwama? What is all this?… You better publish a magazine, publish your views there, write in some newspaper, do whatever you want to do. We will not come in your way. You have your freedom of speech. But alleging all this when the petition stands dismissed twice…,” observed the Chief Justice.

Request for Costs and Court’s Decision

ASG Chetan Sharma urged the Court to impose costs to deter frivolous filings by Dalai in the future, stating: “Till your lordships don't impose costs, he will come again after five days...This will open gates for others to say whatever. This is abuse of judicial process. Your lordships must come down hard on this man. This man is deceptive.”

In response, the Bench remarked: “We will think of costs,” and proceeded to dismiss the plea.

Previous Petitions by Dalai

In September, the Court had dismissed Dalai’s PIL seeking directions to the Union Government and Election Commission of India (ECI) to conduct general elections through ballot papers instead of electronic voting machines (EVMs). His review petition against the same order was dismissed in October.

Case Title: Upendra Nath Dalai v. Union of India