Supreme Court Issues Warrant Against NGO Chairperson For Notdepositing 25L Fine Imposed For 'Incessant Frivolous Litigations'

Supreme Court Issues Warrant Against NGO Chairperson For Notdepositing 25L Fine Imposed For 'Incessant Frivolous Litigations'

The Supreme Court (SC) bench comprising Justices SK Kaul and Hrishikesh Roy stated that the Trust (petitioner) and its chairperson Rajiv Daiya were playing 'ducks and drakes' with the Apex Court.

The Top Court had refused to modify its earlier order against NGO Suraz India Trust for filing 64 PILs. The SC had dismissed the plea filed by the NGO to modifyits' judgment passed on 1 May that had barred the NGO from filing any plea before any Court across India.

On 24 April 2017, the SC had rapped the NGO and its chief for wasting judicial time.The Top Court had in May 2017 imposed an exemplary cost of Rs. 25 lakh on NGO Suraz India Trust for filing 64 PILs and for wasting the judicial time.

The bench headed by Justice S. K. Kaul noted that the costs imposed on the petitioner of Rs. 25 lakh have not been deposited yet.

The bench comprising Justice Hrishikesh Roy observed that since the costs were not deposited with the Supreme Court Advocates on Record Welfare Trust, the matter was put up again before the Top Court and notice was issued on 29 September 2020. The Court had issued direction to the NGO to disclose the movable and immovable assets of the petitioner which was not complied with.

Further a request for providing note sheets on the basis with which the directions have been sought by the Registry in the present application.

The Top Court stated that "We fail to appreciate the stand of the petitioner-Trust as to the relevancy of the note sheets as all that was required was costs to be deposited by him, which order has not been complied with. It is thus apparent that the petitioner-Trust & Rajiv Daiya are playing ducks and drakes with the Court."

The SC bench "Let bailable warrants issue for production of Rajiv Daiya in the sum of Rs.25,000/- with one surety of the like amount. The warrants are enforced by the local police station and the proceedings will be conducted virtually."

It was further stated by the Apex Court that such practices have to be dealt with sternly to prevent misuse of the Courts by such individuals "Who have nothing to do but only cast scandalous and imaginary aspersions". The SC noted that the Trust had approached 64 times and it did not get any success.

It had issued notice to the NGO for filing 64 petitions over the years under the garb of public interest litigation and Daiya to show cause why he should be allowed to continue filing cases.

After hearing Dahiya's submissions for two hours, the bench found him to be unqualified to pursue the case as an amicus. Narrating the sequence of events and all the cases filed by the trust since 2010, the CJI directed the Courts not to entertain the cases.