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Updated July 9th, 2021 at 23:14 IST

SC asks co-petitioner to pay Rs 5 lacs in 2017's plea against CJI Dipak Misra's elevation

Division Bench of the Supreme Court, headed by Justice D Y Chandrachud & Justice MR Shah directed the co-petitioner, Mukesh Jain to pay costs after Om's demise.

Reported by: Srishti Jha
Supreme Court
PTI | Image:self
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In an interesting development, the Supreme Court, on July 9, ordered that one of the petitioners who challenged the elevation of Justice Dipak Misra to be inducted as Chief Justice of India in 2017 has to deposit costs of Rs 5 lakh keeping in mind the demise of co-petitioner Swami Om. 

A Division Bench of the Supreme Court, headed by Justice Dr Dhananjaya Y Chandrachud and Justice MR Shah ordered and directed the co-petitioner, Mukesh Jain to deposit the forfeited amount failing which thereafter the Court shall pass an order barring him from filing any Public Interest Litigation petition before the Supreme Court.

"We will pass an order next time that he cannot file PIL before this Court, till he pays the costs. These are professional public interest litigants now," the top court said.

Swami Om and Mukesh Jain had filed a petition before the Supreme Court challenging the elevation of Justice Dipak Misra as the CJI in 2017, the Division Bench today after hearing a petition filed by co-petitioner directed him to pay a fine amount and dismissed the plea on grounds of being untenable. In view of Swami Om's demise in February 2021, the co-petitioner ought to pay the amount.

Meanwhile, the Court granted two weeks span to Mukesh Jain to appear before the SC when the petitioner's counsel told the Court that Mukesh Jain was lodged at Balasore Jail and was recently been granted bail.

Previous hearing on plea challenging Justice Dipak Misra's elevation to CJI

In August 2017, the Supreme Court had directed the petitioners, namely, Swami Om and Mukesh Jain to jointly pay a cost of Rs 10 lakh, however, subsequently reduced the cost to Rs 5 lakh as one of them passed away.

The SC Division Bench headed by the then CJI Jagdish Sigh Khehar and Justice Dhananjaya Y Chandrachud had directed them to jointly deposit the cost.  In the hearing, judges had questioned Swami Om for not objecting earlier while he said that he was "agitated with everything since the very beginning".

The Division Bench dismissed their petitions and termed the plea as a "popularity stunt".

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Published July 9th, 2021 at 23:14 IST

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