High time for law against vexatious litigants, says Kerala High Court

Thiruvananthapuram: The Kerala High Court has observed that it's high time the state legislated against vexatious petitions as some even allege corruption in budget decisions.

In a recent verdict, the HC also cautioned the vigilance and the police initiating unnecessary probes into baseless complaints harassing public servants.

"It will have atrocious consequences causing blemish on entire career of public servants," Justice P. Ubaid observed while quashing a vigilance probe against Opposition leader and former home minister Ramesh Chennithala in connection with the promotion to IPS officer N. Shanker Reddy.

A series of petitions were filed by habitual litigant Paichira Navaz while Jacob Thomas was the vigilance director and many were later proved to be baseless.

Meanwhile, it is learnt that the state government is in the process of bringing in legislation to prevent vexatious petitions. Though a draft bill was initiated in 1994, it was not enacted.

The HC order maintained that cases should be registered under the Prevention of Corruption Act only if any element of corruption or misconduct were revealed or disclosed.

In the case of procedural delays, only disciplinary action or departmental proceedings were possible.

The court also categorically flayed the Vigilance for initiating an investigation into a petition alleging corruption in tax proposals in the budget.

"Vigilance could not in any circumstance investigate into the wisdom of legislative assembly and probe into the vitiating elements or impropriety in a law passed by the legislature," the court observed.

In 2016, the then vigilance director Jacob Thomas had ordered the quick verification into a petition alleging corruption in the tax relaxation to some products in the budget subsequently registered a case against former finance minister K M Mani.

But following court intervention, the vigilance changed their stand.