'Can't Tolerate Special Leave Petition Filed In A Casual Manner' : Supreme Court Imposes Rs.10K Cost On AoR

Recently (on March 01), the Supreme Court imposed the cost of Rs.10,000/ on the Advocate-on-Record while noting a criminal appeal was filed in a casual manner, and two of the grounds included in the appeal were incorrect and misleading. The Court also stated in its order that such costs should be paid personally to the Supreme Court Middle Income Group Legal Aid Society. The Division Bench of justices Abhay S. Oka and Ujjal Bhuyan, were considering a criminal appeal seeking an anticipatory bail. The present appellant was accused for several section of the Indian Penal Code, 1860 including Section 324 for voluntarily causing hurt by dangerous weapons or means. Given that the Patna High Court declined the appellant's prayer, he approached before the Supreme Court. While considering the present appeal, the Court noted that the advocate who drafted the appeal incorporated two grounds without any application of mind. The Court also observed that these grounds may have been picked up from another appeal the advocate drafted. “At the outset, we may note here that the grounds 'A' and 'B', which are factual grounds, are incorrect and misleading. The learned Advocate-on-Record claims that the grounds have been incorporated in the Appeal by mistake. However, we find that it is a case of non-application of mind by the Advocate who drafted the Appeal and perhaps, these grounds have been picked up from some other Special Leave Petition drafted by the Advocate.” Noting thus, the Court, in no uncertain terms, stated that it will not tolerate the appeal being filed in such a casual manner and went on to pass this present order. Regarding the relief, the Court noted that since the charge-sheet has been filed, the appellant's custody is unnecessary. Accordingly, bail was granted.Click Here To Read/Download Order

'Can't Tolerate Special Leave Petition Filed In A Casual Manner' : Supreme Court Imposes Rs.10K Cost On AoR

Gyanvi Khanna

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