Supreme court imposes 25 Lakh cost on applicant for baseless allegations against State officials of Uttarakhand & High Court

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"The averments made in the leading application, which to say the least are unacceptable," noted the Supreme Court while imposing an exemplary cost of Rs 25 lakh on an applicant who had made allegations against the entire Uttarakhand High Court and high officials of the State Government.

The bench of Justices AM Khanwilkar and CT Ravikumar said,

"The applicant has the audacity of making reckless allegations against the entire High Court of Uttarakhand and also the former high officials of the State Government.........In our opinion, the applicant, who wants to get himself impleaded in the matter pending in this Court, which involves complex issues must show some restrain and ought to eschew from making unfounded allegations as made in this application."

The applicant, namely Vijay Singh Pal had filed an application before the Supreme court sought impleadment in a case related to the sale of assets of Khasgi (Devi Ahilyabai Holkar Charities) Trust of Indore, Madhya Pradesh.

During the hearing, Dr. Abhishek Singhvi, senior counsel appearing for Pal had invited court's attention to the averments made in the leading application which the bench found unacceptable. 

Accordingly, imposing the cost the bench noted, "We deprecate the casual or may be calculated manner, in which the application has been drafted and filed by the advocate concerned and for the advise given to the applicant or the lack of it, to file such an application."

The bench further directed that the cost is to be recovered by the Collector, Haridwar from the applicant as arrears of land revenue. Court has also asked for a compliance report before the next date of hearing if not deposited in the Registry of the Court within four weeks from the date of the order. 

Essentially, the bench was dealing with a batch of petitions assailing one Madhya Pradesh High Court's order whereby the high court had held that title of the properties of the erstwhile Ruler of Holkar State, Maharaja Yashwant Rao Holkar belongs to the State of Madhya Pradesh. Vijay Pal Singh (present applicant) had filed an application to implead in this matter. 

Objecting to Pal's application, petitioners' counsel had submitted before the Apex Court bench that earlier Pal had filed a PIL before Uttarakhand High Court on the same subject matter which was dismissed. He had alleged that Pal is a member of some syndicate of blackmailers who are trying to harass his clients. 

Further, it was also pointed out before the bench that in his application, Pal had even made allegations against the Solicitor General.

Taking note of all these submissions, the bench remarked that this practice needs to stop and expressed its opinion that an exemplary cost should be imposed to deter such applicants. 

Additionally, the bench also expressed its disinclination to vacate the stay with regards to the direction regarding initiation of the criminal process as given by the Madhya Pradesh High Court. 

On October 16, 2020, another bench of the Supreme Court comprising Justice A.M. Khanwilkar and Justice B.R. Gavai had directed the concerned parties to maintain status quo with regard to the possession and title of properties, and not to transfer or create any third-party interest.

The bench had also stayed the criminal proceedings ordered by the High Court of Madhya Pradesh. The Court further went on to direct the State authorities to abstain from taking any precipitative steps to take over the management of properties, if the same had not been done so far.

The present bench said that as high court's direction had come after October 16, 2020, therefore, they were not inclined to grant the interim relief for vacating the stay and posted the petitions for final disposal in the third week of February.

Case Title: The Khasgi (Devi Ahilyabai Holkar Charities)Trust Indore And Anr. v. Vipin Dhanaitkar And Ors.