The Campaign for Judicial Accountability and Reforms (CJAR) on Thursday sought the recall of the Supreme Court order imposing cost of Rs 25 lakh while dismissing its plea for court-monitored SIT probe into the allegation of graft involving a retired judge of Orissa High Court.
Seeking the recall of the December 1, 2017 order, the review plea by CJAR says that the judgement contains "several errors apparent on the face of the record leading to a grave miscarriage of justice".
It said that the top court "gravely erred" in penalising the CJAR by imposing "such a huge cost of Rs 25 lakh without giving an opportunity of any hearing with regard to imposition of any cost", adding that it is settled law that no one could be penalized without affording an opportunity to the person to explain why such penalty should not be imposed on him.
In the present case, the petition says, "no such opportunity was afforded to the Petitioner (CJAR)" and "thus, the direction to impose cost of Rs 25 lakh is in violation of principle of natural justice and also in violation of Rule of Law".
The top court bench of Justice R.K. Agrawal, Justice Arun Mishra and Justice A.M. Khanwilkar, while terming the plea by CJAR as "...wholly frivolous, a contemptuous, unwarranted, aim[ed] at scandalizing the highest judicial system of the country", had imposed a cost of Rs 25 lakh that was to be deposited within six weeks from when the order was pronounced.
--IANS
pk/vd
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