Abuse of the process of law in writ jurisdiction of High Court under Article 226 of the Indian Constitution: A Case of MTP beyond 20 weeks on Mental Health Ground
Division Bench of Bombay High Court observed that this petition is really an abuse of the process of this court for we find that this tendency has to be curbed. Nobody can come to this court as of right to seek a relief of the above nature.
Bench clarified that this court, in its writ jurisdiction, cannot pass an order contrary to law nor can its direction make a mockery of the rule of law. We are, therefore, not impressed by any general statement or submission of the petitioner. In the absence of clear pleadings and specific allegations, we are not inclined to grant any relief in our writ jurisdiction. [Para 17]
As a result of the above discussion, by relying upon the report of the experts and finding that there is no grave injury to the petitioner’s mental health, we proceed to dismiss this writ petition. It is accordingly dismissed. [Para 18]
Division Bench further added that we would have ordinarily been justified in imposing heavy costs, but refrain from doing so. This order should serve a stern warning to those who approach this court by invoking the provisions of the Act and particularly section 3 thereof. If the ingredients thereof are not satisfied and if the jurisdiction is found to be grossly abused, then, hereafter, we would impose heavy costs on the parties approaching this court. [Para 19]
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