By PTI
NEW DELHI: The Supreme Court on Tuesday imposed an exemplary cost of Rs 25 lakh on an applicant, saying the averments made in his application are “unacceptable” and he had made “unfounded allegations” against the Uttarakhand High Court and some former officials of the state government.
The apex court observed that an applicant who wants to get himself impleaded in a proceeding before it must show some restrain and eschew from making unfounded allegations as made in the application filed before it.
“We, accordingly, reject this application outright by imposing exemplary cost on the applicant in the sum of Rs 25 lakh,” a bench of justices A M Khanwilkar and C T Ravikumar said.
The top court, while rejecting the application filed by the applicant seeking impleadment in a matter pertaining to the Khasgi (Devi Ahilyabai Holkar Charities) Trust, Indore, said the cost should be recovered by the collector of Haridwar from the applicant if the same is not deposited in the apex court registry within four weeks.
“In our opinion, an applicant who wants to get himself impleaded in the proceedings pending before this court, which involve complex issues, must show some restrain and must eschew from making unfounded allegations as made in this application,” the bench said.
The apex court observed that the averments made in the application were unacceptable.
The bench also deprecated the casual manner in which the application was drafted.
During the arguments, the counsel appearing for the applicant told the court that he be permitted to withdraw the application.
“Why permitted to withdraw? You come here and makes all sorts of allegations.
First slap and then say sorry,” the bench orally observed, adding that it would dismiss the application with cost.
It said the main matter arising out the October 2020 judgement of the Madhya Pradesh High Court would be heard in the third week of February.
The bench said it is not inclined to entertain the prayer for vacating the interim relief, particularly regarding stay on the initiation of criminal process as directed by the high court, as the order was passed after hearing all the parties.
The apex court had in October 2020 said that until further orders, the directions issued by the high court regarding initiation of criminal process will remain stayed.
An advocate, representing one of the applicants, said they have filed an application seeking vacation of stay as investigation ordered by the high court has been stayed.
Solicitor General Tushar Mehta, appearing for the state, said the investigation ordered by the high court be allowed to go on.
In its verdict, the high court had said that the state government is the titleholder of 246 charitable properties of Holkars, the erstwhile rulers of Indore.
It had directed the state to take all possible steps to preserve the cultural heritage, including ghats, temples and dharamshalas, which find place in the Trust property, being the titleholder of the property in question.
