Summary
The Court disposed of a party-in-person's SLP on a settlement it brokered, directing the respondent-Company to pay the 73-year-old petitioner Rs. 20 lakhs in full and final settlement of all his claims. It used the occasion to commend the unpaid amicus curiae and to urge advocates, especially young ones, to assist litigants who cannot afford counsel.
Issues
- Whether the SLP filed by a petitioner appearing in person could be closed by a lump-sum settlement in lieu of a hearing on merits, and on what terms.
- What the role of the bar is in securing access to justice for litigants of limited means.
Held
- No question of law was decided. Through the amicus curiae, the petitioner agreed not to press the SLP on merits in exchange for a lump-sum payment. Weighing the respondent's offer of Rs. 10 to 15 lakhs against the petitioner's estimate of about one crore if he succeeded on merits, the Court fixed Rs. 20 lakhs as just and appropriate, in full and final settlement, with no further claim against the respondents in the present dispute. (¶¶ 5, 8, 9, 10, 11, 12)
- The Court observed that the legal profession is at heart a service-oriented one. Advocates, young advocates in particular, should volunteer to represent litigants who cannot engage counsel for lack of means or awareness, without expecting anything in return, and can help parties reach settlements, especially in labour and matrimonial matters. (¶¶ 13, 13.1, 13.2, 13.3, 13.4)
- Access to justice in the Supreme Court must not depend on financial resources. The Court said every member of the profession has a duty to make justice easy to reach, and disapproved of litigants paying very large fees for hearings that yield only a record of proceedings and no real relief. (¶¶ 14, 14.1, 14.2)
- In appreciation of the amicus, who appeared fourteen times over two years without any fee and was not on the Supreme Court Legal Services Committee panel, the Court asked the respondents to pay him Rs. 1 lakh. (¶¶ 14, 15, 17)
Result
SLP disposed of in terms of the settlement: the respondent-Company was to pay Rs. 20 lakhs by demand draft within three weeks, handed over through the amicus curiae, and Rs. 1 lakh to the amicus. Other litigation between the parties was to be concluded expeditiously.