"This Has To Stop, Message Must Go Loud & Clear": Supreme Court Refuses To Waive 25L Cost Imposed For Levelling Baseless Allegations Against HC

The Supreme Court today refused to entertain an application seeking waiver of 25 lakhs cost imposed on an applicant who had made allegations against the Uttarakhand High Court and High Officials of the State Government in a case related to sale of assets of Khasgi (Devi Ahilyabai Holkar Charities) Trust of Indore, Madhya Pradesh.

While directing the applicant to deposit the cost as per the order dated January 4, 2022 within 1 week, the bench of Justices AM Khanwilkar and CT Ravikumar in their order said,

"We've heard Mr Hansaria on this application. Taking the overall view of the matter & the circumstances with which the same was filed it needs no indulgence. 1 week of time is granted to the applicant to do the needful."

When the matter was called for hearing, Senior Advocate Vijay Hansaria requesting the bench to waive the cost submitted that the applicant was a retired pensioner who had realized his mistake.

Pleading the bench to show magnanimity, the Senior Counsel said,

"I have tendered my unconditional apology. I am retired and have learnt from my mistake. I'll deposit my 1 month pension Rs 56 thousand. Kindly be magnanimous. I've realized my mistake. Respectfully submit that 25 lakh cost is disproportionate & harsh. I'll be extremely careful in future."

Objecting to the application, Senior Advocate AM Singhvi for the petitioners said, "It should be very clear that there is no prayer for restoration of impleadment."

"So far as this application is concerned, the intention was to set an example that this kind of conduct will not be tolerated. Sympathy is misplaced," submitted Solicitor General Tushar Mehta appearing on State's behalf.

Senior Advocate Paramjit Singh Patwalia for the petitioners submitted that the applicant and Advocate Prashant Bhushan's client have been harassing and blackmailing the petitioners for a long time.

"This man & Bhushan's client has been harassing & blackmailing us for a long time. He has been running other businesses also. We will have to find that out. I am the victim of his actions. Can I be permitted to file an affidavit?" said Senior Advocate Paramjit Singh Patwalia.

Considering the submissions made by the applicant and the objections by the counsels, Justice AM Khanwilkar the presiding judge of the bench while expressing his inclination to not entertain the application said,

"We're not inclined to show any indulgence in this application. You've made submissions & we've heard you. This has to stop. Message has to go loud & clear. Don't be rhetorical & gain further sympathy. You're only there to expose the system & not support the system. This has to stop, we have to send a strong message. We could've initiated contempt action against him & put him in jail, we didn't do that."

Case Title: The Khasgi (Devi Ahilyabai Holkar Charities)Trust Indore And Anr. v. Vipin Dhanaitkar And Ors.| SLP(C) No. 12133/2020

Click Here To Read/Download Order