SHC voices concern over filing of frivolous petitions

The Sindh High Court has expressed concern over a recent trend of people filing frivolous petitions requiring the court to first conduct an inquiry into allegations without taking any legal action and in absence of any material or evidence.

Dismissing a petition with regard to the legality of a multi-storey building in the Clifton area, it observed that such frivolous petitions which are filed without any evidence have not only resulted in creating harassment to private parties and public functionaries, but also amount to abuse of the process of the law and waste of court time.

A division bench, headed by Justice Aqeel Ahmed Abbasi, observed that this practice needed to be curbed and discontinued. It further observed that such petitions cannot be entertained wherein neither the petitioner is an aggrieved party nor has any cause of action occurred, or even requiring the court to take cognizance under Article 199 of the constitution and to conduct an inquiry into the allegations by the petitioner in absence of documentary evidence or material to justify such allegations.

The bench said it is more particular when the relevant authorities or forums available for such purposes have not been approached. The petitioner had challenged the construction of a multi-storey building in Block 8, KDA Scheme 5, Clifton, submitting that the private builders intend to raise a high- rise building in violation of terms and conditions of the Karachi Building and Town Planning Regulations 2002 without obtaining an approved building plan or getting it approved from the environmental protection agency.

The court observed that when the petitioner was confronted and asked to refer to any document or approved building plan to support such allegations, he could not refer to any such document before the court.

It said the petitioner also conceded that he did not approach any relevant authorities or forums to intimate them about the alleged violations for appropriate action in accordance with the law before filing the instant petition.

The court observed that the petition was misconceived as it failed to disclose any lawful cause of action and dismissed the same. It however sent the order of the copy to the director general of the Sindh Building Control Authority for verification whether the subject construction was being raised as per the approved plan and the Karachi Building and Town Planning Regulations 2002 and not in violation of any law or the decision of the supreme court. It observed that in case of any violation appropriate action would be taken by the SBCA after issuing notices to the parties in accordance with the law.