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SC rejects plea to reduce Rs 5 lakh cost on petitioner for challenging former CJI's appointment

On July 9, the top court had directed Jain to deposit costs of Rs 5 lakh
Last Updated 30 July 2021, 09:33 IST

The Supreme Court on Friday rejected a plea by a man for reducing of Rs 5 lakh cost imposed on him for filing a petition challenging the elevation of Justice Dipak Misra as the Chief Justice in 2017.

A bench of Justices D Y Chandrachud and M R Shah directed that the award of costs should be recovered from the petitioner, Mukesh Jain as arrears of land revenue by the competent authority.

The court also ordered that no PIL in future would be entertained by the Supreme Court unless the petitioner showed proof of deposit of the costs.

As soon as the matter came up, the bench asked advocate A P Singh, representing applicant Jain, “When are you going to pay the amount?”

Singh asked the court to give some time to his client, as he has been in judicial custody for one and three months.

Jain is accused in three cases. Recently, he was granted bail in a matter. However, he continues to remain in judicial custody in other matters, Singh said.

Referring to the application filed by Jain on June 4 this year, the bench said the applicant made "unfounded allegations" against the judges of the top court.

Additional solicitor general Aishwarya Bhati, on her part, submitted that his property may be attached, if necessary and let the order of cost work on its own. “Don’t give any indulgence to this man," she submitted.

On July 9, the top court had directed Jain, who had challenged the elevation of Justice Dipak Misra as the Chief Justice in 2017, to deposit costs of Rs 5 lakh despite the death of co-petitioner Swami Om ji.

The top court had noted that some people have become professional public interest litigants, and this business must stop.

Jain’s counsel had informed the bench that his client was in Balasore jail for nearly a year.

Swami Om ji had passed away in February 2021.

In August 2017, the top court had imposed costs of Rs 10 lakh on Jain and self-proclaimed godman Om ji for challenging the elevation of Justice Misra. Swami Om ji had subsequently moved the court seeking waiver of costs citing the Covid-19 pandemic. The court then reduced it from Rs 10 lakh to Rs 5 lakh.

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(Published 30 July 2021, 09:33 IST)

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