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SC Levy Costs of Rs. 1 Lakh on ED Officer for Filing Petition Against Cancer Patient’s Bail

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Supreme Court Law Insider

Sakina Tashrifwala

Published on: October 28, 2022 at 19:03 IST

The Supreme Court of India recently slammed the Enforcement Directorate (ED) for filing a Special Leave Petition seeking to overturn an Allahabad High Court bail order granted to a man suffering from Malignancy and Cancer.

A Bench of Justices MR Shah and MM Sundresh observed that the bail order did not warrant the Court’s intervention.

“Given the unusual facts and circumstances of the case, as well as the fact that the respondent is suffering from Malignancy and Cancer, and having been released on bail, this court is not required to intervene. The Special Leave Petition is denied.”

The Bench also stated that the ED was not required to file the aforementioned SLP.

According to the Court, the SLP was a waste of stationery and legal fees, as well as the Court’s valuable time.

As a result, the Court decided to levy costs of Rs. 1,000,000 (one lakh) on the officer who granted permission to file the petition.

“The Special Leave Petition is dismissed with an exemplary cost of Rs. 1,00,000/- to be recovered from the salary of the concerned officer who granted the permission to file the Special Leave Petition. The Department must deposit the cost with the Registry of this Court within four weeks of today.”

After depositing the funds, the court directed that Rs. 50,000 be transferred to the National Legal Services Authority in New Delhi and Rs. 50,000 be transferred to the Supreme Court of India’s Mediation and Conciliation Project Committee before issuing the order.