Chief Justice of India Chandrachud warned the lawyer towards making allegations towards judges
New Delhi:
The Supreme Court docket at present witnessed dramatic exchanges when a Lucknow-based advocate requested two separate benches to pardon him and take away prices imposed on him for submitting frivolous Public Curiosity Litigation (PIL).
First, a bench of Justice Abhay S Oka and Justice Augustine G Masih pulled up Lucknow-based advocate Ashok Pandey for not paying value of Rs 50,000 imposed on him. The fee was imposed final 12 months after the highest courtroom dismissed the lawyer’s plea difficult the appointment of Supreme Court docket advocates as Excessive Court docket judges.
The bench famous that the lawyer travelled overseas quickly after the courtroom imposed the associated fee. “Now you can not say which you can’t pay value of Rs 50,000,” the bench stated, noting that he’s a “practising lawyer”.
To this, Mr Pandey stated he has not received a single case since final 12 months and that his journey was “sponsored by my children”.
“You pay the associated fee in per week else we are going to problem a contempt (discover). Are you keen to pay in 2 weeks or not? You’re the member of the bar, we request you to reply it clearly,” the bench stated.
The lawyer replied that his “kids are wealthy, however I’m poor”. Referring to former Chief Justice of India Dipak Misra, he claimed, “I had initially filed a number of petitions for CJI Dipak Misra when numerous allegations have been put towards him. No person from this courtroom supported him however I used to be there. I’ve requested the CJI and President of India for the fee in these circumstances. CJI has referred my matter to SCLSC (Supreme Court docket Authorized Companies Committee) for fee. I’ll pay lordship.”
Justice Oka granted the lawyer time until August 5 and added that the courtroom will problem a contempt discover if the fee just isn’t made by then.
The lawyer was then puilled up by one other bench — of Justice BR Gavai and Justice KV Viswanathan — for not paying Rs 1 Lakh imposed on him in a separate matter. This was in connection to a PIL final 12 months during which Mr Pandey had challenged the reinstatement of the Lok Sabha Membership of NCP’s Mohd Faizal Padippura. The courtroom had come down closely on the lawyer over the frivolous PIL. Mr Pandey has earlier additionally challenged the oath taken by the Chief Justice of Bombay Excessive Court docket. He had stated that the Chief Justice didn’t say “I” whereas taking the oath. This lawyer had additionally challenged the restoration of Congress chief Rahul Gandhi’s Lok Sabha membership, attracting one other high-quality.
Justice Gavai requested the lawyer, “What number of courts have imposed value on you?” He replied, “Please recall the associated fee. I haven’t got cash.” The bench rejected the plea, however the lawyer continued. “In case you do not depart the courtroom, we should embarrass ourselves,” Justice Gavai stated.
The lawyer stayed put and stated, “I’m requesting with folded fingers. That is no contempt, Sir… Please take away value from this case.” He then addressed Justice Gavai and stated, “You might be additionally going to be subsequent CJI.” The decide responded, “God is aware of”, and added, “Are you leaving or not? Now we have to name the safety personnel.”
Justice Gavai is the third seniormost decide in Supreme Court docket and is in line to be Chief Justice of India.
This was not all. Mr Pandey then approached Chief Justice of India DY Chandrachud and complained towards Justice Gavai. He stated that the senior decide had warned him that his “sanad” — that means licence to observe legislation — will likely be revoked.
The Chief Justice replied that heated arguments do happen, however warned the lawyer towards making such allegations. “You can not make allegations like this on the judges of the bench. They by no means misbehave with attorneys. If you wish to problem the fines, file a evaluate,” he stated.
The Supreme Court docket has pulled up petitioners and attorneys over frivolous PILs, with Chief Justice of India DY Chandrachud saying that the general public is paying for valuable judicial time.
