Srinagar- The High Court of J&K and Ladakh has imposed Rs 20,000 as costs on two petitioners for“not coming with clean hands and suppressing material facts” while challenging the construction of a 33 KV transmission line, which they claimed was being laid through private land and running dangerously close to the rooftops of residential houses in Pattan area of north Kashmir's Baramulla district.

The petitioners had stated in their plea that there was life threat to all the residents and that as per the prevailing guidelines a minimum clearance of 3.7 meters was required for the high voltage line up to 33 KV from any building to ensure safety of the life and property of the residents.

They said that there was feasibility of rerouting of the line along the national highway, where the existing 11KV Line.

However, the Government Advocate vehemently argued that the petitioners have not come before Court with clean hands and have suppressed the material facts and thus, petition filed by them be dismissed with exemplary costs.

The Government Advocate produced copy of suit already filed by the petitioners before Trial Court involving the same subject matter.

“Thus, due to petitioners' failure to come to the Court with clean hands, this Court is not inclined to venture into the merits of the case,” a bench of Justice Wasim Sadiq Nargal, holding the petition as“misconceived, false, frivolous and liable to be dismissed.”

Referring to Apex Court's judgment, the Bench said that when a party suppresses material facts, it renders the proceedings a nullity.

It is the duty of every litigant to disclose all material facts as withholding material facts from the Court not only undermines the process of justice but is also violation of the principle of“coming to the Court with Clean Hands,” the court noted.

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