'Waste of Time': SC Imposes Rs 1 Lakh on Petitioner for Appeal against HC Order

A three-judge bench expressed displeasure over the practice of filing appeals against high court orders issuing notices or granting adjournments.

New Delhi:The Supreme Court on Monday imposed a cost of Rs 1 Lakh on a petitioner for filing an appeal challenging an order passed by the Allahabad High Court, which adjourned his plea in connection with promotions after issuing a notice.

A three-judge bench led by Justice B R Gavai said such petitions increase pendency and also waste court’s time. The bench, also comprising Justices Rajesh Bindal and Sandeep Mehta, said it has come across several such special leave petitions filed merely against orders issuing notice, granting adjournment or refusing interim protection.

The apex court stressed that advocate on record are not postmen but also officers of the court and should not merely sign off and added that they owe a greater responsibility. The bench declined to allow the petitioner to withdraw the plea.

The apex court said such petitions are nothing but an abuse of the process of law and waste the precious time of the court and add to pendency. “In order to send a message to the advocate on records and counsels appearing in such matters, we are inclined to dismiss the petition with a token cost of Rs 1 lakh”, said the bench. The top court directed that the cost be deposited to the welfare funds of the Supreme Court Bar Association and the Supreme Court Advocates on Record Association.

In January this year, the high court had issued a notice noting that the “matter requires consideration” and listed it for the week commencing on April 8.

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