Supreme Court directs the co-petitioner to deposit Rs 5 lakh costs despite death of petitioner Swami Om for challenging elevation of Justice Misra as CJI

The Supreme Court on Friday directed to one of the petitioners (Mukesh Jain) who had challenged the elevation of Justice Dipak Misra as the Chief Justice of India in 2017 has to deposit costs of Rs 5 lakh despite the death of co-petitioner Swami Om.

The Division Bench of Justice DY Chandrachud and Justice MR Shah noted that, the petitioners are “professional public interest litigants” The Bench warned the petitioner that if costs are not paid, the Court will pass an order barring him from filing any PIL petition before the Supreme Court in future.

“We can post it after 3 weeks. We will pass an order next time that he cannot file PIL before this Court, unless he pays the costs.” – Bench

This comes after the Advocate appearing for petitioners sought adjournment in the matter for a few weeks. “Today Petitioner (Jain) was granted bail in Balasore Jail. We requests adjournment for 2-3 weeks, so that he can appear in person before the Bench.”

It must be noted that by an order dated 29 October 2020, the quantum of costs was reduced to Rs 5 lakhs from Rs 10 lakhs and till now the amount has not been deposited.

Swami Om had passed away in Feburary, 2021.

Mr K M Nataraj, learned Additional Solicitor General had submitted that Swami Om Ji, one of the two petitioners, passed away. Hence, notice was issued to the second petitioner, Mukesh Jain, to show cause as to why contempt proceedings should not be initiated for non-compliance with the order for the deposit of costs. Mukesh Jain was served through the Jail Superintendent of the District Jail Balasore, Odisha.

The Supreme Court in 2017 had slapped a fine of Rs 10 lakh on self-proclaimed godman Swami Om for challenging the appointment of Dipak Misra as the next Chief Justice of India.

The apex court threw out Swami Om's plea describing it as frivolous and slapped Rs 10 lakh fine each on him and one Mukesh Jain.

Back in August 2017, a fine of Rupees ten lakh was imposed on Swami Om by
former CJI JS Khehar and Justice Chandrachud for challenging the appointment of Justice Misra.

CJI Khehar had asked the self-styled godman why he did not object earlier; Swami replied that he had agitated against the appointment from the very beginning.

Swami Om had protested against the fine and submitted to the Court that he could not pay the fine of Rupees ten lakh.

The Court replied that he could collect one rupee each from his 50 crore followers.

Soon After the imposition of the fine, Swami Om was arrested from New Delhi.