The Supreme Court on Tuesday imposed a cost of ₹5 lakh on a lawyer for filing a frivolous petition under Article 32 of the Constitution, observing that the advocate had “spoiled the atmosphere of the court” by seeking inappropriate reliefs.
A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta took exception to a petition filed by advocate Sandeep Todi, who had appeared as the petitioner himself. The court not only allowed him to withdraw the plea but also directed that the ₹5 lakh cost be deposited in the account of the National Legal Services Authority (NALSA) within four weeks.
“You have spoiled the atmosphere of this court,” remarked Justice Nath, adding, “No prudent lawyer will file such a frivolous petition under Article 32 of the Constitution.”
Article 32 of the Constitution guarantees the right to constitutional remedies, allowing citizens to directly approach the Supreme Court for enforcement of their fundamental rights.
“If we allow the simpliciter withdrawal of the petition then it will send the wrong message,” the court observed, while making it clear that such misuse of constitutional remedies would not be entertained lightly.
The petition, filed on March 25, sought an ex-parte stay on the reliefs granted to a person (Neha Todi, also known as Neha Sitaram Agarwal) by a Family Court in Mumbai through an order dated September 25, 2019. The plea named the Union of India, the Family Court, Mumbai, and the Bombay High Court as respondents.
The court has listed the matter for hearing after six weeks to verify whether the costs have been deposited.
