Allahabad High Court Fines Advocate ₹1 Lakh for Poor Drafting and Re-Litigating Settled Case
Justice Saurabh Shyam Shamshery says courts cannot be burdened with repetitive petitions on settled law
Petitioner-advocate penalized for cursory drafting and wasting judicial time
By Our Legal Correspondent
New Delhi: January 8, 2026:
In a stern message to the legal fraternity, the Allahabad High Court has imposed a ₹1 lakh cost on an advocate-petitioner for filing a writ petition that was both poorly drafted and based on an issue already settled by a Division Bench. The Court emphasized that lawyers must maintain professional standards in drafting and avoid burdening courts with frivolous or repetitive litigation.
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The ruling came in the case of Abhishek Malaviya vs Commissioner, Kendriya Vidyalaya Sangathan & Others, where the petitioner, himself an advocate, appeared in person before the Court.
Case Background
- The petitioner challenged administrative decisions of the Kendriya Vidyalaya Sangathan (KVS).
- The High Court noted that the issue had already been settled by a Division Bench in earlier proceedings.
- Despite this, the petitioner attempted to re-litigate the matter, filing a writ petition that the Court described as cursory and careless.
- Justice Saurabh Shyam Shamshery dismissed the petition and imposed a ₹1 lakh cost on the petitioner.
Court’s Observations
Justice Shamshery made several strong remarks:
- Cursory Drafting: The petition was drafted in a careless manner, lacking proper legal reasoning.
- Re-Litigation: The issue had already been decided by a Division Bench, making the petition unnecessary.
- Judicial Time: Courts cannot afford to waste valuable time on repetitive or frivolous petitions.
- Professional Standards: Advocates must uphold the dignity of the profession by filing well-reasoned petitions.
Wider Implications
- For Advocates: The ruling serves as a warning that poor drafting and frivolous petitions can attract heavy costs.
- For Judiciary: Reinforces the principle that courts must protect their time and resources from misuse.
- For Litigants: Encourages responsible litigation and discourages attempts to re-open settled issues.
- For Legal Education: Highlights the importance of proper drafting skills and respect for judicial precedents.
Expert Opinions
- Legal Scholars: Say the ruling strengthens judicial discipline and sets a precedent against frivolous petitions.
- Senior Advocates: Emphasize that drafting is a critical skill, and careless petitions damage the credibility of the profession.
- Policy Analysts: Note that imposing costs is an effective deterrent against misuse of judicial process.
Similar Cases
- In Mehmood Pracha’s case (2024), the Allahabad High Court imposed a ₹1 lakh cost for wasting court’s time, though the Supreme Court later stayed the order.
- The Supreme Court has repeatedly cautioned against forum shopping and re-litigation, emphasizing that judicial time must be respected.
Conclusion
The Allahabad High Court’s decision to impose a ₹1 lakh cost on an advocate-petitioner for cursory drafting and re-litigating a settled issue is a landmark ruling. It sends a clear message that courts will not tolerate frivolous petitions and that advocates must maintain professional standards in drafting and litigation.
This judgment will likely influence future cases, ensuring that judicial time is preserved for genuine disputes and that the dignity of the legal profession is upheld.
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