On The Eve of His Retirement, CJI Khehar Has A Change Of Heart, Lets Off A Frivolous Litigant Who Was Fined Rs.25 Lakh

Rajiv Daiya, Chairman Suraz India Trust the frivolous litigant, who was fined Rs.25 lakh on May 1, for wasting the Court’s precious time, must be thanking his stars today.

When his case came up for hearing on August 21 before the bench of the Chief Justice of India, J.S.Khehar and Justice D.Y.Chandrachud,  it came close to order his arrest, for failing to pay the fine, and for making a fresh plea that the May 1 order be not enforced because he has moved for sanction of prosecution, to the President of India.  When the Chief Justice wanted to know whether he sought extension of deadline for remitting the fine, he did not respond.  The bench, on second thoughts, decided to  hear him again on August 22.  As the matter was not taken up on Tuesday, it was listed before the bench on Wednesday.

As Daiya appeared before the bench on Wednesday, CJI had an animated conversation with his brother, Justice Chandrachud for five minutes, before turning to Daiya.

CJI asked Daiya: “Would you like your case to be heard by another bench after my retirement?.  May be that bench would be sympathetic to you.  So, please tell us a date which is convenient to you.”

When Daiya mentioned some date, CJI said, “No, not  that  far”.

Daiya then said: “I apologise”.

CJI then said it was too late in the day to consider his apology, after indulging in frivolous litigation more than 60 times.

“We are willing to hear you,  so please tell us which date you would consider lucky”,  the  CJI asked.  It appears  that Daiya mentioned the fact of his daughter’s impending wedding, as the CJI asked him about the date of the  wedding, so that he could choose a date for the hearing after that.

With Daiya agreeing on December 5, the bench adjourned the matter, giving him a huge relief.