The Full Bench of Apex Court dismissed this frivolous PIL with Costs. The petitioners are practicing advocates at Apex Court!
The petitioners, who are practicing lawyers of this Court, have filed the present petition seeking several reliefs, including a direction to allow the vehicles to run till the end of their registered life in both diesel and petrol variants.
Before the petitioner in person – Mr.Anurag Saxena commenced his arguments, we forewarned him that the reliefs claimed by him are contrary to the orders passed by this Court as well as the National Green Tribunal. The petitioner in person insisted that he had a good case and he would convince the Court if he is granted 8 minutes time. We again forewarned him that we will permit him to do so, but in the event, if we find that the petition is without substance, we will saddle a cost of rupees one lakh per minute, that is, 8 lakhs. He, however, insisted on arguing the matter.
We uninterruptedly permitted Mr.Saxena to argue the matter for 8 minutes.
We find that the present petition is nothing but an abuse of process of law. At least a lawyer practicing before this Court is expected to know that a
petition under Article 32 of the Constitution of India, cannot be filed to seek any reliefs which are contrary to the orders passed by this Court. In spite of the forewarning, the petitioner in person continued to argue the matter. We therefore, passed an order dismissing the petition.
Mr. Saxena did not even stop after we passed the order dismissing the petition. He still continued with his endeavour to argue the impossible.
We could have very well imposed the cost of rupees 8 lakhs while dismissing the petition, which we indicated at the beginning of the hearing. However, we do not propose to be harsh to an ill-advised parties in person who fortunately or unfortunately are lawyers. We are therefore, inclined to take a lenient view of the matter.
We dismiss the Special Leave Petition with costs which are quantified at Rs.50,000/- The same may be paid to the Supreme Court Legal Services Committee within a period of two weeks from today.
However, before closing, we warn the petitioners that if they indulge into such sort of misadventurism hereinafter, the Court would be required to take a stern view of the matter.
