SC dismisses plea to reduce Rs 5 lakh cost imposed on petitioner who challenged ex-CJI Misra's appointment

The Supreme Court of India on Friday dismissed the petition filed by the accused, Mukesh Jain, to reduce the imposition of cost of Rs 5 lakh on him, as he had filed a plea before the Supreme Court challenging the former Chief Justice of India (CJI) (now retired) Dipak Misra's appointment.

A two-judge bench of the apex court, headed by Justice Dhananjaya Y Chandrahud and comprising Justice M R Shah, refused to entertain the petition filed by Mukesh Jain, seeking a reduction of the cost of Rs 5 lakh imposed on him.

Jain, along with one other, self-proclaimed godman, and Big Boss 10 fame contestant, Swami Om (now deceased) had filed the petition before the Supreme Court challenging the elevation of Justice (Now Retired) Dipak Misra as the CJI in 2017.

Swami Om died on February 3 this year following an illness.

The Supreme Court bench in 2017, headed by the then CJI Jagdish Singh Khehar and comprising Justice Dhananjaya Y Chandrachud, had dismissed their petitions and termed their plea as a "popularity stunt," and directed them jointly to deposit a cost of Rs 10 lakh.

The Supreme Court had, however, on October 29, 2020, reduced the cost of Rs 10 imposed on them to Rs 5 lakh. But Jain and Swami Om had moved the Apex Court seeking a direction to reduce further the cost of Rs 5 lakh imposed on them.

While dismissing Jain's petition, Justice Dr Chandrahud-led the bench of the apex court, said, "We don't want to pursue the case. We dismiss the same."

During the course of the hearing today, Justice Chandrachud asked Jain, "When are you going to pay the cost, imposed on you."

To this, Jain's lawyer, Dr A P Singh, replied to the apex court that "My lords, "I am in jail for last one year and 3 months approximately in Balasore Jail in Odisha, and pleads to the Supreme Court to consider his case."

The Supreme Court, however, did not grant any relief and dismissed his prayer, after noting that the accused, Jain had levelled "unfounded allegations against the Supreme Court judge."

The top court also directed that the imposition of costs of Rs 5 lakh should be recovered from Mukesh Jain as arrears of land revenue by the competent authority.

The Supreme Court, in its order, made it clear that no future PIL will be entertained by the top court unless the petitioner, Mukesh Jain, shows proof of deposit of the costs.

( With inputs from ANI )