The Supreme Court Wednesday granted three days to the chairperson of a non-government organisation (NGO) to file an unconditional apology for "scandalising and browbeating" the court but told him that he has deprived himself of the sympathetic view and it was time to take some punitive action against him.
A bench of Justices Sanjay Kishan Kaul and MM Sundresh was hearing an application filed by the chairperson of NGO Suraz India Trust, Rajiv Daiya, seeking recall of the court's 2017 judgement by which it had imposed costs of Rs 25 lakh on it for filing 64 PILs over the years without any success and "repeatedly misusing" the jurisdiction of the top court.
The court had issued contempt notice to Mr Daiya as to why he should not be proceeded against and sentenced for his endeavour to scandalise the court.
"The respondent-judgement debtor and the contemnor in the contempt proceedings has appeared in pursuance to bailable warrants and we have heard him at some length. We have also heard the learned Additional Solicitor General and counsel for the State."
"In the end, as per usual practice in prior proceedings, the petitioner stated that he wants to tender an unconditional apology seeking to withdraw all what he has said. We have put to him that he has liberty to file what he pleases within three days and we will take that into consideration while passing our orders," the bench said while reserving its judgement in the case.
At the outset, Mr Daiya, who appeared in person, sought adjournment and stated that he was unable to appear before the bench due to his health condition.
He told the bench that he did not have the resources to pay the costs imposed by the apex court and would approach the President of India with a mercy plea.
The bench, while refusing to grant adjournment, said, "There is no provision for mercy plea for imposition of cost before the President in recovery of cost matters...You cannot browbeat orders like this. If it means we have to send you behind bars, we will do so."
"If you think you can browbeat the authorities and the administration, you are mistaken," the court said.
When Mr Daiya offered to tender an unconditional apology, the court said, "You have deprived yourself of the sympathetic view by the kind of applications filed and allegations made. It is time for some punitive action."
"You have only scandalised the court in submissions. You feel you can get away with everything and we have to dispel this notion," the bench said.
The court on December 5, 2017, had refused to modify its earlier order against the NGO for filing 64 PILs.
It had dismissed the plea filed by the NGO to modify the apex court's May 1 order which also barred the organisation from filing any plea before any court across the country.
Since the costs were not deposited with the Supreme Court Advocates on Record Welfare Trust, the matter was put up again before the apex court and notice was issued on September 29, last year.
The top court had issued direction to the NGO to disclose the movable and immovable assets of the petitioner which was not complied with.
The apex court had on May 1, 2017 taken the punitive step and imposed a hefty cost on the NGO, saying waste of judicial time was a matter of serious concern.
The top court had also said such practises have to be dealt with sternly to prevent misuse of the courts by such individuals "who have nothing to do but only cast scandalous and imaginary aspersions".
On 64 occasions when the Suraz India Trust had approached the court, it did not get any success, the court had noted.
Referring to the details of the matters filed by the NGO and the various orders passed by the apex court, the bench headed by the then Chief Justice J S Khehar had said it "leaves no doubt that Suraz India Trust has repeatedly misused the jurisdiction of this court".
The apex court had on April 24, 2017, rapped the NGO and its chief for wasting judicial time.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
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