Chief Justice of India Chandrachud warned the lawyer towards making allegations towards judges
New Delhi:
The Supreme Courtroom 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 price was imposed final 12 months after the highest court docket dismissed the lawyer’s plea difficult the appointment of Supreme Courtroom advocates as Excessive Courtroom judges.
The bench famous that the lawyer travelled overseas quickly after the court docket imposed the associated fee. “Now you can not say you can’t pay value of Rs 50,000,” the bench mentioned, noting that he’s a “practising lawyer”.
To this, Mr Pandey mentioned he has not obtained a single case since final 12 months and that his journey was “sponsored by my youngsters”.
“You pay the associated fee in every week else we are going to concern 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 mentioned.
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 quite a lot of allegations had been put towards him. No one from this court docket 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 Courtroom Authorized Companies Committee) for fee. I’ll pay lordship.”
Justice Oka granted the lawyer time until August 5 and added that the court docket will concern a contempt discover if the fee 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 by which Mr Pandey had challenged the reinstatement of the Lok Sabha Membership of NCP’s Mohd Faizal Padippura. The court docket 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 Courtroom. He had mentioned 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 positive.
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 endured. “In the event you do not go away the court docket, we must embarrass ourselves,” Justice Gavai mentioned.
The lawyer stayed put and mentioned, “I’m requesting with folded palms. That is no contempt, Sir… Please take away value from this case.” He then addressed Justice Gavai and mentioned, “You’re 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 Courtroom 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 mentioned that the senior decide had warned him that his “sanad” — that means licence to apply legislation — can be revoked.
The Chief Justice replied that heated arguments do happen, however warned the lawyer towards making such allegations. “You can’t make allegations like this on the judges of the bench. They by no means misbehave with legal professionals. If you wish to problem the fines, file a evaluation,” he mentioned.
The Supreme Courtroom has pulled up petitioners and legal professionals over frivolous PILs, with Chief Justice of India DY Chandrachud saying that the general public is paying for treasured judicial time.
