The Supreme Court today lashed out at the heavily on a social worker who had moved Supreme Court with a PIL seeking a ban on the sale cold drinks like Coca Cola , Thumbs Up, among others (Umedsinh P Chavda v. Union of India and ors.). The court imposes cost of Rs 5 lakh on the petitioner.
The Bench of Honorable Justices DY Chandrachud, Hemant Gupta, and Ajay Rastogi imposed costs of Rs 5 Lakh on a social worker who had moved the SC invoking Court’s jurisdiction under Article 32.
After perusing the assertions made by the petitioner in his affidavit, the Court noted that in seeking a ban on the sale of those soft drinks, the petitioner had no “technical knowledge” on the difficulty .
While the affidavit claimed to contain submissions that were faithful the simplest of the petitioner’s belief and knowledge, the Court noted that these claims, including those on the health effects of sentimental drinks, were “unsubstantiated.”
The arguments advanced by the Counsel, Advocate SP Singh, for the petitioner also don’t offer any justification for the assertions made by the petition, the Court added.
The Court was critical of the petitioner having filed the plea, stating that the invocation of the jurisdiction under Article 32 of the Constitution, during this case, was an abuse of the method .
“The petition has been filed for extraneous reasons. The invocation of the jurisdiction under Article 32 is an abuse of the method .”
The Court concluded that petitioner’s invocation of Article 32 during this matter wasn’t “a bona fire recourse to the jurisdiction during a public interest litigation.” Therefore, the Court felt the necessity to also impose costs besides dismissing the plea.
“We accordingly dismiss the petition and impose costs quantified at Rs 5,00,000 on the petitioner.”
The petitioner has been granted a period of 1 month to deposit those amount within the Supreme Court’s registry. The Court added that the cash deposited by the petitioner shall be disbursed to the Supreme Court Advocates on Record Association (SCAORA).
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