Read Order: Ramesh Chander Diwan v. Central Bureau Of Investigation

LE Correspondent

New Delhi, December 2, 2021: The Supreme Court has imposed a cost of Rs 20,000 for wastage of judicial time while dismissing a petition that claimed that the Punjab and Haryana High Court had erred in mechanically adjourning a matter for three months without issuing notice to the respondent, thereby taking away the petitioner’s right to approach a Higher Court.

A bench of Justices S K Kaul and M M Sundresh pointed out that the matter in question was adjourned by the High Court on the request of the counsel for the petitioner of the said matter. The adjournment was, however, faulted by the petitioner who then moved the apex court under Article 136 of the Constitution.

“This Court is not a walk in place only because Chandigarh happens to be in the proximity to Delhi,” the bench remarked.

“The fact remains that the learned Judge only obliged the counsel for the petitioner by accepting the request for adjournment. Yet the order is sought to be faulted by the petitioner by filing a petition under Article 136 of the Constitution of India. If this is not a misuse of process of law, one can say little else,” it said in a brief order dated November 22, 2021.

Holding that “the petitioner must pay for wastage of judicial time”, the top court dismissed the petition with cost of Rs. 20,000 to be deposited with the Supreme Court Group “c’ (NonClerical) Employees Welfare Association within four weeks from the date of the order.

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