Courts Cannot Be Used As Instruments Of Delay: HC

Dismisses Batamaloo Shop Allotment Plea, Vacates 12-Year Interim Order

- M Ahmad

The High Court of Jammu & Kashmir and Ladakh has dismissed a petition challenging the rehabilitation and allotment of shops in the Sector-6 Shopping Complex, Batamaloo here, holding that the judicial process cannot be misused to obstruct lawful administrative action or prolong litigation for ulterior motives.

Upholding the allotment process, a Bench Justice Wasim Sadiq observed that while access to justice was a constitutionally guaranteed right, the courts cannot be allowed to become “instruments of delay or abuse”.

The Court cautioned that any attempt to misuse the judicial process strikes at the very heart of the justice delivery system and may, in future, invite exemplary costs in order to preserve the sanctity of judicial proceedings.

As many as 18 petitioners had assailed the rehabilitation and allotment exercise carried out pursuant to court’s judgment dated May 14, 2012, passed in a large batch of petitions.

The principal contention of the petitioners was that a committee constituted under the Court's directions had exceeded its mandate by co-opting additional officers and seeking assistance of a subcommittee.

Rejecting the plea, the Court held that the directions issued in 2012 were aimed at ensuring a fair, transparent and objective identification of eligible claimants, and that the committee was merely an instrumentality to achieve that purpose.