Trustees of a charitable trust, who have filed a suit in 1997 against Nobel laureate Kailash Satyarthi for alleged misappropriation of funds, were today asked by a Delhi court to respond to a plea filed by the child rights' activist to furnish security for litigation costs.
Additional District Judge (ADJ) Kamini Lau directed the trustees to file the response on November 26 regarding their stand on the plea of Satyarthi and his wife Sumedha that the plaintiffs be asked to deposit security for costs incurred or likely to be incurred by the couple to defend themselves.
Satyarthi's counsel argued that to check whether it is a serious and genuine litigation or a frivolous one, the plaintiffs should be asked to deposit costs of litigation in the pre-trial stage.
"In many nations, including European countries and USA, litigants have to first deposit cost of litigation to curtail frivolous cases but it's not the case in India. Here also the courts should direct the plaintiffs to first deposit the cost," senior advocate Pradeep Diwan, appearing Satyarthi and his wife, said.
The court also agreed with his submissions.
During the hearing, the plaintiffs' counsel said it was a social and public interest litigation.
"If we are asked to deposit the cost first, it would not be in public interest. We do not have money and the cost can be deposited by selling the property of the trust," he said.
The court has asked the plaintiffs, including Sheo Taj Singh, a leader of the Bandhua Mukti Morcha, to file their response on the defendants' application and thereafter, rejoinder will be filed by Satyarthi.
It will hear arguments on the application on December 5.
Satyarthi, who got the Nobel Peace Prize in 2014, submitted the plea in the pending suit, filed against him and his wife by Mukti Pratisthan Trust and four trustees alleging that they had got to know about embezzlement of huge sums from the trust through maintainance of false accounts.
Satyarthi and his wife were earlier trustees of the trust but had parted ways with it in 1994.
