Supreme Court Imposes Rs 1 Lakh Cost On ED Officer For Filing Petition Against Bail Granted To Cancer Patient

A Bench of Justices MR Shah and MM Sundresh observed that the bail order did not warrant an interference of the Court.

"In the peculiar facts and circumstance of the case and taking into consideration the fact that the respondent is suffering from Malignancy and Cancer and thereafter when he has been released on bail, the same is not required to be interfered by this court. The Special Leave Petition stands dismissed."

The Bench also said that there was no need for the ED to file the said SLP. In the words of the Court, the SLP was just a wasting the stationery and the legal fees apart from the Court's precious time.

Therefore, the Court deemed it fit to impose costs of Rs 1,00,000 (One Lakh) on the concerned officer who granted permission to file the petition.

"The Special Leave Petition stands dismissed with exemplary cost, to be borne by the concerned officer, who granted the permission to file the Special Leave Petition, quantified at Rs.1,00,000/-, to be recovered from the salary of such an officer. The cost to be deposited by the Department with the Registry of this Court within a period of four weeks from today."

Once the amount is deposited, Rs.50,000 should be transferred to National Legal Services Authority, New Delhi and Rs.50,000, to Mediation and Conciliation Project Committee, Supreme Court of India, the court directed before parting with the order.

Case Title: Assistant Director Directorate Of Enforcement Versus Kamal Ahsan & Anr.

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