Supreme Court Refuses To Reduce Cost Of Rs 5 Lakhs Imposed On Petitioner Challenging CJI Dipak Misra's Appointment; Directs Recovery

The Supreme Court on Friday dismissed an application which sought for the reduction of the cost of Rupees 5 lakhs imposed on one Mukesh Jain for filing a writ petition questioning the appointment of Justice Dipak Misra as the Chief Justice of India.

A division bench comprising Justices DY Chandrachud and MR Shah termed the application "misconceived". The bench also noted that even in the application seeking reduction of costs, the applicant has made "unfounded allegations" against the judges of the Supreme Court.

The bench also directed that the award of costs should be recovered from the petitioner as arrears of land revenue by the competent authority. Further, it ordered that no future PIL will be entertained by the Supreme Court unless the petitioner shows proof of deposit of the costs. Also, the present order should be placed on record along with any other PIL to be filed by Mukesh Jain.

Mukesh Jain, along with controversial self-styled godman Swami Om (now deceased) had filed the petition in 2017 challenging the recommendation made by the then Chief Justice of India JS Kehar to appoint Justice Dipak Misra as his successor. Terming the petition as "publicity stunt", the Supreme Court had in August 2017 dismissed the petition, slapping the petitioners with costs of Rupees 10 lakhs.

Later, in 2019, the costs were reduced as Rs 5 lakhs on a plea made by the petitioners.

Swami Om, who also contested in the Big Boss series, passed away in February this year. The present application seeking reduction of costs was filed by Mukesh Jain in June this year. Today, Advocate Dr AP Singh, who appeared for  Mukesh Jain, informed the bench that the applicant is in judicial custody in Balsore jail in Odisha in a case related to Whatsapp messages posted against the Chief Justice of India over the refusal of the Court to allow Rath Yatra.

Singh sought for time saying that his client is in judicial custody.

However, the bench made it clear that it was not interested in keeping the petition alive anymore.

"We don't want to waste our time on this. We will not reduce a single rupee", Justice Chandrachud sternly said.

Additional Solicitor General Aiswharya Bhati told the bench that the applicant did not deserve any indulgence having regard to the nature of wild allegations made by him against judges.

Mukesh Jain, who is said to be the National Chairman of Dharma Rakshyak Shri Dara Sena, had recently posted Whatsapp messages calling for the assault of the CJI after the Court refused permission for Rath Yatra in temples in Odisha amid COVID. This led to registration of FIRs against him in Odisha. The Orissa High Court had recently granted him bail in one of such cases.