Supreme Court Imposes Rs 5 Lakh Costs On PIL Challenging Oath Taken By Bombay HC Chief Justice; Terms It 'Frivolous Attempt To Get Publicity'

In a strong expression of exasperation with frivolous Public Interest Litigations (PILs), the Supreme Court today (13.10.2023) imposed costs on a petitioner who had challenged the validity of the oath administered during the appointment of Justice Devendra Kumar Upadhyaya as Chief Justice of the Bombay High Court. The petitioner's claim was that the oath was defective as the Chief Justice did not use the word 'I' before stating his name.

A Bench consisting of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra wasted no time in expressing its frustration at dealing with frivolous cases, emphasizing the need to conserve the Court's time and resources.

As soon as the matter was taken, CJI DY Chandrachud remarked, "There is a limit to frivolity in the Supreme Court. A minute of our time has an impact on finances. We have to sit down and read these matters and burn the midnight oil! This is quite serious. We are imposing 1 lakh Rs as anticipatory costs in the matter. You deposit it and then we will hear you."

The petitioner's argument hinged on the contention that during his oath, the Chief Justice did not use the word 'I' before stating his name, which was purportedly in violation of the Third Schedule of the Constitution. Additionally, it was asserted that the Governor and Chief Minister of Goa and the Administrator of the government of the Union Territory of Dadra and Nagar Haveli and Daman and Diu were not invited to the oath ceremony. This, as per the plea, rendered the oath ceremony defective. 

In response, the Bench pointed out that because the oath was administered by the Governor and subsequently subscribed to, such objections could not be validly raised.

CJI Chandrachud concluded in the order, stating, "This is only a frivolous attempt to use the PIL jurisdiction to get some publicity for petitioners. Such frivolous PILs divert the Court's attention from more pressing matters and consume valuable judicial resource. The time has come to impose costs on such matters."

Accordingly, a cost of Rs 5 lakhs was imposed on the petitioner.

The petition had prayed for the following–

1. To administer a fresh oath to Justice DK Upadhyay as Chief Justice of Bombay High Court;

2. To henceforth invite Governors and Chief Ministers of all states and Union Territories of a common High Court in an oath ceremony being held to administer oath to new Chief Justices of common High Courts.

Case Title: Ashok Pandey v. Union Of India And Ors. W.P.(C) No. 966/2023 PIL-W

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