The supreme court on Friday imposed costs on the petitioner who challenged the appointment of Justice Devendra Kumar Upadhyaya as Chief Justice of Bombay High Court. The PIL was filed before the court claiming that the oath that was administered to Justice Upadhyaya was defective. A bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala and Manoj Misra remarked that there is a limit to the court’s tolerance for frivolous cases.
“There is a limit to frivolity in the Supreme Court. A minute of our time has an impact on finances etc…There is a precondition of depositing Rs.1 Lakh in the Supreme Court before we hear this case now.” The CJI remarked.
The counsel for the petitioner argued that while taking his oath, the Chief Justice did not use the word ‘I’ before taking his name. This, he argued, was in contravention of the third schedule of the constitution. Further, it was contended that representatives from the union territories of Dadra and Nagar Haveli and Daman and Diu were not invited to the oath.
In response the bench pointed out that because the oath was administered by the Governor and subsequently subscribed to, such objections could not be validly raised.
Accordingly a cost of Rs.25,000 was imposed on the petitioner.
The petition was prayed for the following:-
1:- To administer a fresh oath to Justice DK Upadhyaya as Chief justice of Bombay High Court
2:- To henceforth invite the Governor and Chief Minister of all states and union territories of a common High Courts in an oath ceremony being held to administer oaths to the new Chief Justice of common High Courts.
Written by- Anmol Kashyap
College name- City Law CollegeSemester- 3rd year 5th Semester an Intern under Legal Vidhiya
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