SC slams NGO's petition as 'gross misuse of process', imposes ₹1 lakh fine for challenging constitutional bench decision
New Delhi (The Uttam Hindu): The Supreme Court, expressing strong displeasure over the misuse of judicial process, has imposed a hefty fine of ₹1 lakh on an NGO. The case involved a challenge to an earlier Supreme Court decision excluding minority schools from the purview of the Right to Education Act (RTE). The bench headed by Justice BV Nagarathna termed the petitioner's actions as a gross misuse of process and, in a scathing remark, stated that such behavior with the Supreme Court would not be tolerated.
The atmosphere in the court was extremely heated during the hearing. Justice Nagarathna reprimanded the petitioner and the lawyers, stating that he was extremely angry. He questioned how anyone had the courage to file a writ petition against the decision of the Constitutional Bench of the Supreme Court. The judges stated unequivocally that filing such cases is against the entire judicial system of the country and is tantamount to destroying the judicial system. The court said sternly, "You do not realize the seriousness of your case. Do not lower the standards of the country's judiciary by filing such petitions."
The NGO fined is United Voice for Education Forum. The organization had challenged the 2014 Supreme Court Constitutional Bench decision that exempted minority educational institutions from certain provisions of the Right of Children to Education Act, 2009. The court dismissed the petition outright, stating that a writ petition challenging a Supreme Court decision is not maintainable and violates established legal procedure.
The court's anger didn't subside. The bench even stated that while they were refraining from filing a criminal contempt case against the petitioner, it was a warning for the future. Justice Nagarathna also reprimanded the lawyers, asking what kind of advice they were giving their clients. The court warned that they would now begin imposing penalties on lawyers who provide incorrect legal advice. The judges stated that such demands would paralyze the entire system and were a waste of court time and a mockery of the process.