Medical College Bribery Case: Supreme Court Condones Delay In Paying Cost Of Rs. 25 Lakhs Imposed On CJAR

The cost was imposed by the Court while dismissing a 2017 Public Interest Litigation filed by CJAR seeking SIT investigation in the scam.

BACKGROUND OF THE PIL

Campaign for Judicial Accountability and Reforms (CJAR) had filed a PIL in 2017 seeking directions to constitute a Special Investigation Team (SIT) headed by a retired Chief Justice of India for investigating the alleged conspiracy and payment of bribes in a medical college bribery scam against I.M. Quddusi and others. The CBI had arrested the accused persons under Sec. 8 of Prevention of Corruption Act, 1988 and sec. 120B of IPC.

The PIL had also sought the directions on CBI to produce all the evidences and materials on record collected in the matter to be handed over to the appointed SIT.

A three judge bench of the Supreme Court comprising of Justice RK Agrawal, Justice Arun Mishra and Justice AM Khanwilkar vide order dated 01.12.2017 imposed heavy cost of Rs. 25 lakhs on CJAR for filing a frivolous petition before the court. While the Court dismissed the PIL, it also directed CJAR to deposit the amount in the Supreme Court Bar Association (SCBA) Welfare Association within 6 weeks time.

While imposing the cost, the Court was of the view that the petition was not only wholly frivolous but contemptuous and unwarranted that aims at scandalizing the highest judicial system of the country without any reasonable basis.

APPLICATION FOR CONDONATION OF DELAY FOR PAYMENT OF COST

CJAR approached the Supreme Court by filing an application of condonation of delay for making the payment of fine of Rs. 25 lakhs imposed earlier by the court in the matter.

According to the application, CJAR stated that the payment could not have been facilitated within due time since it did not have a bank account and that their work is carried out by contribution made by its members. It was also stated that it had crowdfunded a total of Rs. 11 lakhs.

CJAR also prayed the Court to recall the order of exemplary costs imposed on it as it impairs the reputation of some very distinguished people who are associated with it.

COURT ROOM EXCHANGE

The matter was called up for hearing today wherein Senior Advocate Rajeev Dhawan and Prashant Bhushan appeared on behalf of CJAR.

Sr. Adv. Rajeev Dhawan submitted before the bench that the organization does not dispute the cost of Rs. 25 lakhs imposed upon them and that the said amount may be retained for the Supreme Court Bar Association (SCBA) Welfare Association.

"We are a group of people and we include some of the most distinguished people of the Bar including retired judges. They have been litigating over for 30 years on number of issues under their name or some organization's." Dhawan submitted for CJAR's reputation.

While referring to prayer (c) of the condonation of delay application, Adv. Dhawan submitted:

"I wish to place before your lordships our prayer regarding recalling the order of exemplary costs."

On this, Adv. Prashant Bhushan requested the bench to give CJAR permission to deposit the amount of Rs. 25 lakhs to SCBA.

The bench however informed the applicants that it will only deal with the office report today which is for condonation of delay in filing the costs in terms of order dated 01.12.2017.

However, when the bench asked who was appearing on behalf of the respondent in the case, it was informed by CJAR that since notice had not been issued in the matter, no counsel had appeared on behalf of the Union of India.

Therefore, the bench ordered:

"Delay in depositing the amount of costs is condoned. The applicant is permitted to serve advance copy on the office of the learned Attorney General for India who had appeared in Writ Petition (Crl.) No.169 of 2017. List after two weeks."

The matter will now be heard after two weeks.