Supreme Court Imposes ₹7,500 Cost On Centre Over Failure To File Counter Affidavit Despite Repeated Opportunities

On Monday, the Supreme Court granted four weeks as last opportunity to the Union Government to file its counter affidavit in a PIL challenging validity of Section 2(f) of the National Commission for Minority Education Institution Act 2004, for failing to recognise minorities at state level.The last opportunity has been granted subject to deposit of cost amounting to Rs. 7,500 to the Supreme Court Bar Advocates' Welfare Fund. "We grant one further opportunity for 4 weeks to file Counter subject to deposit of cost of Rs. 7,500 to SCB Advocates' Welfare Fund as requested by the Ld. Senior Counsel for the petitioner. Within the same time rejoinder be filed within two weeks thereafter. List on 28th March." A Bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh observed that after it issued notice in the matter on 28.08.2020, the Union Government had entered appearance on 12.10.2020 to file a Counter Affidavit, which had not been filed till date though last opportunity was granted by the Bench on 07.01.2022. "Adjournment Letter was circulated which was objected to by the petitioner. We may note that the respondent entered appearance on 12.10.2020 to file a Counter Affidavit. Counter has not been filed despite repeated opportunities. On 07.01.2022 the last opportunity had been granted to the respondent." As the matter came up for hearing, Additional Solicitor General, Mr. K.M. Nataraj, appearing on behalf of the Union of India, informed the Bench that an adjournment letter had been circulated. A disappointed Bench observed that the Union Government has been circulating such letters for some time now. "You are circulating letters only. You have to take a stand. How long will you take? Just look at the order sheet." ASG Nataraj apprised the Court that the delay in filing Counter Affidavit was largely because of the grave COVID-19 situation prevalent in the country. Perturbed that it is high time for the Union Government to take a stand with respect to the concern raised in the Petition, the Bench remarked - "Don't make an excuse, Mr. Nataraj, that we find difficult to accept. On 28th Aug, we issued notice to you. On 12.10.2020 we granted time to file counter. After that how many opportunities have gone by. You have not filed the Counter for three months now, this is not fair. You have to take a stand." Mr. Nataraj assured the Bench that he will file the affidavit within 2 weeks stating that the counter affidavit was almost ready and was awaiting the final approval. "It is almost ready. It is only that we could not get the final approval." On perusal of the order sheet, the Bench noted that last opportunity had already been granted to Mr. Nataraj on a previous occasion. "After the last opportunity, Mr. Nataraj, what is the opportunity?...There should be some discipline, how do I give after the last opportunity. I find it very difficult." The Bench emphasised that it was duty bound to apply Article 14 uniformly and therefore, only thought it fit to impose a cost on the Union Government for not filing the Counter Affidavit after being granted repeated opportunities for the same. [Case Title:: Ashwini Kumar Upadhyay v. Union of India W.P.(C) No. 836/2020]Click Here To Read/Download Order

Supreme Court Imposes ₹7,500 Cost On Centre Over Failure To File Counter Affidavit Despite Repeated Opportunities

Sohini Chowdhury

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