“Take A Loan & Pay”: Supreme Court Reprimands Suraz India Trust MD For Non Payment Of Imposed Cost
The Supreme Court Bench comprising Justice SK Kaul & Justice Hemant Gupta today while considering the Office Report which it called for by issuing notice to Rajasthan’s Standing Counsel to verify Mr Dhaiya’s submission of the fact that he was working as a stenographer in a legal office with the State of Rajasthan reprimanded Suraz India Trust MD upon non payment of cost.
Sr Adv Mr Manish Singhvi, Standing Counsel for the State of Rajasthan while answering Justice Kaul’s question related to Dhaiya’s employment informed the Bench that Mr Dhaiya was working as a stenographer.
At this juncture, Justice Hemant Gupta intervened & said that Dhaiya was working at the office of Advocate General.
Mr Rajiv Dhaiya in his submission contended that he may be permitted to file two documents & that he may be granted an amicus to represent his case.
“You have been representing yourself throughout. When you are in trouble, you want an amicus. You will have to face the music Mr Dhaiya.”, Justice Kaul remarked.
In the present matter, the Bench was deciding an application registered by the Registry, Supreme Court of India recovery of cost of Rs 25 lakh which was imposed on Mr Rajiv Dhaiya, Chairman of NGO Suraz India Trust vide order dated May 1, 2017 passed by full judge Bench comprising the then Chief Justice JS Khehar, Justice DY Chandrachud & Justice SK Kaul for wasting judicial time by filing 64 frivolous PIL’s.
“The aforesaid costs shall be deposited by Suraz India Trust, with the Supreme Court Advocates on Record Welfare Trust, within three months from today. Failing deposit, the above costs shall be recoverable from Mr. Rajiv Daiya, its Chairman, through his personal proceeds, if necessary. In case the petitioner does not deposit the aforesaid cost, within the time stipulated hereinabove, the Registry is directed to list the matter, for recovery of cost.”, the order read.
On the last date of hearing, the Bench while issuing contempt notice returnable on April 12, 2021 made stern remarks with regards to the conduct of Mr Rajiv Dhaiya who did not appear despite the Court's direction by giving an excuse that he was given Covishield vaccination on 26.03.2021.
“Mr. Daiya has also not complied with the order and seeks to wriggle out of the proceedings by raising all kinds of objections i.e. that this matter should not be heard by this Bench but by the Chief Justice’s Bench.”, the Bench noted in its order dated 05.04.2021.
On March 15, 2021, the Court directed Rajiv Dhaiya to place on record his current source of income & a complete list of his movable & immovable assets within 2 weeks.
On February 12, 2021 bailable warrants were issued for production of Mr Rajiv Dhaiya.
On August 29, 2020, the Bench issued notice to the original petitioner for not depositing the cost & further directed to disclose his movable & immovable assets to recover the cost.
The matter is now listed for May 6, 2021.
Case Title: Suraz India Trust V. Union Of India| Miscellaneous Application No. 1630/2020 in W.P.(C) No. 880/2016