Supreme Court Directs Recovery Of Cost Of Rs 5 Lakh From Mukesh Jain In Plea Against CJI Dipak Misra’s Elevation
The Supreme Court today dismissed an application filed by Mukesh Jain, national chairman of Dharma Rakshak Shri Dara Sena seeking reduction of the cost of Rs 5,00,000 imposed on him for challenging the elevation of Justice Dipak Misra, the then Chief Justice of India in 2017.
While dismissing the application and terming the application as misconceived, the division bench of Justice DY Chandrachud and Justice MR Shah in its order said,
“The application filed on June 4, 2021, seeking a reduction in the cost of Rs 5 lakh. The circumstances in which cost came to be imposed have been averted in an order dated 2017. Even in the application, Jain has continued to make allegations against the judges. Application is dismissed.”
The court has also directed the competent authorities to recover the cost from Mukesh Jain through arrears of land revenue and has also directed the Registry to not impose any PIL filed by Jain in the future till deposition of cost.
Background of the Case
The Supreme Court in 2017 had slapped a fine of Rs 10 lakh on self-proclaimed godman Swami Om and Mukesh Jain for challenging the appointment of Dipak Misra as the next Chief Justice of India.
Litigious Chain
Earlier the Division Bench of Justice DY Chandrachud and Justice MR Shah noted that the petitioner was a “professional public interest litigant” and had warned for passing an order barring Jain from filing any PIL petition before the Supreme Court in future in case of failure to pay the cost.
“We can post it after 3 weeks. We will pass an order next time that he cannot file a PIL before this Court unless he pays the costs,” Court had said.
The Top Court, by an order dated 29 October 2020, had reduced the quantum of costs from Rs 10 lakh to Rs 5 lakh.
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 served through the Jail Superintendent of the District Jail Balasore, Odisha.
Case Title: Swami Om Ji And Anr. Versus Union Of India Thr. Cabinet Secretary And Ors.