Litigants Hiding Material Facts Forfeit Right To Merit Hearing: HC

Srinagar- The High Court of Jammu & Kashmir and Ladakh has held that a litigant who deliberately withholds or suppresses material facts forfeits the right to be heard on merits and is not entitled to any equitable or discretionary relief.

Dismissing two connected writ petitions, a bench of Justice Wasim Sadiq Nargal observed that the petitioners- R K Koul (85-year-old) and ML Koul (76-year-old) had approached the Court with“unclean hands” by consciously concealing the fact that they had earlier filed and withdrawn two pleas after replies were submitted by the authorities.

“A litigant who attempts to secure orders of the Court by suppressing material facts forfeits all right to be heard, let alone to seek equitable or discretionary relief under Article 226,” the Bench said, adding,“This Court cannot permit its process to be abused in such a brazen manner, and the petitioners' conduct warrants not only dismissal of the petition but also imposition of exemplary and deterrent costs”.

Citing Supreme Court judgments in K.D. Sharma v. Steel Authority of India Ltd. and Dalip Singh v. State of Uttar Pradesh, the High Court reiterated that full and frank disclosure of material facts is the very foundation of writ jurisdiction.

While terming the case fit for imposition of exemplary costs, the Court took a lenient view considering the advanced age of the petitioners and refrained from imposing costs, though it issued a stern warning against such conduct in future.

Both petitions were dismissed and all interim orders vacated, with liberty granted to the authorities to proceed further in accordance with law.

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