Tuesday, August 16, 2022

SC refuses to reduce Rs 5 lakh cost imposed on Mukesh Jain, Swami Om for challenging appointment of CJI Dipak Misra

The Supreme Court had earlier also dismissed the petition and termed it as a "popularity stunt".

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The Supreme Court today refused to reduce the cost of Rs five lakh imposed on late Swami Om and his friend Mukesh Jain in 2017, for moving the Supreme Court against the appointment of Justice Dipak Mishra, just one day before his appointment for the post of Chief Justice of India.

The Division Bench of Justice D.Y. Chadrachud and Justice M.R. Shah further directed the Registry not to entertain any PIL filed on behalf of deceased Swami Om by his friend Mukesh Jain, so long as the cost is not paid. Till then, no further PIL shall be entertained by the Registry of Supreme Court. If there is any PIL filed, this order shall be placed before the Registry, noted the Court.

In 2017, late Swami Om and Mukesh Jain, national chairman of Dharma Rakshak Shri Dara Sena, had filed a petition in the apex court, challenging the recommendation made by the then Chief Justice of India JS Kehar to appoint Justice Dipak Misra.

The apex court had dismissed the petition in August, 2017, slapping the petitioners with costs of Rs 10 lakh. Later in 2019, the costs were reduced to Rs five lakh on request of Mukesh Jain, as Swami Om passed away in February this year.

It was observed that the application had no grievance or case with respect to Justice Dipak Misra or the functioning of Judiciary. The bench earlier as well dismissed their petition and termed it as a “popularity stunt”. 

Counsel for Mukesh Jain, Advocate Dr AP Singh, said that applicant Mukesh is in custody and to recover the amount he himself has to go to Balasaur Jail, where Mukesh is held. Further, there is no property to recover the cost imposed; he has nothing left, no source of earning.

ASG Aishwarya Bhati argued that this application is similar to the last application, which was also dismissed. The submissions are repeated.

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The Bench observed that even in the current application, the applicant has made continuous efforts to harass the officer of the court and stated that the application is liable to be dismissed.

“We are not concerned whether you go or anybody else. We cannot help this person, he is a contemptor,” noted Justice Shah. The application is thoroughly misread; the cost shall be paid in full with no reduction and recovered by due process of law, ordered the Court.

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