Supreme Court Direct Registry To Recover Costs On Two Frivolous PILs

The Supreme Court today (December 9) directed the Registry to take action as permitted under law to recover the cost imposed on the two frivolous petitions filed by Advocate Sachin Gupta. 

A bench of Justices PS Narasimha and Manoj Misra was hearing a suo moto miscellaneous application regarding the recovery of costs imposed on two Public Interest Litigation (PILs) which a bench of three judges in 2023 had termed as an abuse of process. The Court had imposed a cost of Ra.25,000 each on both petitions.

On July 4, 2023, a Supreme Court bench comprising former Chief Justice of India DY Chandrachud and Justice PS Narasimha dismissed two PILs that sought the "reclassification of the Caste System" and the "phasing out of reservations gradually to make alternate reservation policy" respectively.

The court firmly rejected the PILs, terming them as lacking merit and abusing the judicial process. Additionally, the court imposed costs on the petitioner as a deterrent against frivolous litigation.

The first PIL aimed to reclassify the caste system. Seemingly exasperated by the PIL, the bench not only dismissed the same but also ordered the petitioner to pay costs. Former CJI DY Chandrachud said–

"This is an example of a PIL which is an abuse of the process of court. The petitioner shall pay costs of Rs 25,000 to the Advocate Welfare Fund of the Supreme Court Bar Association. The petitioner shall produce receipt in 2 weeks."

Following this proceeding, the court addressed another PIL filed by the same petitioner advocating for the gradual phasing out of reservations and implementing an alternative reservation policy. However, the Supreme Court firmly dismissed this PIL as well and imposed costs.

Case Details: ADVOCATE SACHIN GUPTA v. UNION OF INDIA AND ORS., MA 1367/2024 in W.P.(C) No. 470/2023 & ADVOCATE SACHIN GUPTA v. UNION OF INDIA AND ORS MA 1368/2024 in W.P.(C) No. 471/2023 

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