New Delhi: The Supreme Court on Friday slapped a fine of Rs 5 lakh on an ex-SP MLA for "resorting to untenable and mala fide grounds" while seeking review of its verdict refusing a stay on his conviction in a criminal case.
Taking strong exception to Kishore Samrite's argument that his review be not heard by Justice CK Prashad, a bench of justices Prasad and Kurian Joseph dismissed his plea and imposed the fine.
The bench noted that Samrite had earlier also made baseless allegations against many people including Congress Vice-President Rahul Gandhi in the Supreme Court which had imposed cost on him.
"In the facts and circumstances of the present case, the ground urged by the petitioner for review of the order lacks bona fide and his attempt is to seek review of the order by resorting to untenable and mala fide grounds. He seems to be in the habit of making false and wild allegations," it said.
"Accordingly, we do not find any merit in the present review petition and dismiss it with costs of Rs 5,00,000 to be paid by the petitioner to the Supreme Court Employees Welfare Fund. The petitioner shall deposit the aforesaid amount within one month from the date of this order," it said.
Samrite had pleaded that Justice Prasad should not hear his plea as the judge's son, who is an advocate, had represented him in a case in 2005. The bench dismissed his contention saying that the issue was not raised when the appeal came before it for hearing.
"Notwithstanding that, had it been brought to the notice of the court that the son of a judge constituting the bench represented the cause of the petitioner in an earlier proceeding, though nothing to do with the present case, perhaps Prasad J would not have heard the matter. Petitioner has not done so. He had taken the chance and when the order has gone adverse to him, he is digging out fanciful reasons to seek review of the order," the bench said.
Earlier, the apex court had slapped a Rs 5 lakh fine on him while dismissing as without substance his petition against Rahul Gandhi in which he had alleged that the Congress leader had confined a girl in Uttar Pradesh. It had said the petition filed against Rahul was "misconceived" and that Samrite abused the process of law on the basis of incorrect statement.
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