If frivolous litigation is not weeded out by legal fraternity, SH Kapadia said, it would make good causes suffer, besides making "both judges and lawyers waste their time."
Chief Justice of India SH Kapadia today advised legal community to be cautious in dealing with PILs, including those seeking intervention for purportedly unearthing corruption, and try weed out frivolous ones that eat into scarce judicial time and resources.
"Courts have to be very strict on frivolous litigations. Lawyers should also be very careful while representing such cases," the CJI said addressing the Law Day function at the apex court lawn.
If frivolous litigation is not weeded out by legal fraternity, Kapadia said, it would make good causes suffer, besides making "both judges and lawyers waste their time."
The CJI pointed out that "in the present era of global economy and its resurgence, fierce competition is inevitable."
This may also often lead to resorting to corruption by various competitors, he said, adding that the courts, however, should be at guard against entertaining public interest litigation which may seek judicial intervention for purportedly unearthing corruption but might actually be a ploy to frustrate some judicial order.
The CJI cited how he recently came across such a PIL.
He also advised the higher judiciary judges to use their power of judicial review with caution to curb the endless chain of litigation.
"I also have an advise for the judges of the high courts and for my brother judges at the Supreme Court.... My advise is that judicial revision is a tool box," he said
"Please do not open it in every matter, use it with precautions," said the CJI.
"With particulars of the case, ascertain the contours of the case and decide accordingly. This is the advise for my brother judges," he said.
The function was attended among others by law minister M Veerappa Moily, judges from the apex court and the Delhi high court, the law officers and advocates.
Broaching on the issue of insufficient strength of judges in the high courts as well in lower judiciary, the CJI called for the appropriate increase of their strength.
"Ratio of judges and population is now 13 per one million people. Now in our country, population is growing at rate of 43,000 a day. The number of judges too has to increase," he said.
The CJI also expressed concern over the growing backlog of cases, besides the disparity in the pendency at various high courts.
"Presently Allahabd high court has 9.6 lakh cases in arrears, while Gujarat high court has 95,000 and Delhi high court only 62,000 only," Kapadia said, adding "we need to analyse statistics to ascertain where are we lacking. We would have to devise a method to put for quick disposal."
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