C Orders Lawyer to Pay Rs 1 Lakh Penalty for Baseless PIL on Lakshadweep MP Faizal’s Membership Reinstatement

New Delhi, Oct 20 The Supreme Court on Friday imposed costs of Rs 1 lakh on a Lucknow-based lawyer for filing a frivolous PIL challenging restoration of Lok Sabha membership of Lakshadweep MP Mohammed Faizal.

A bench of Justices B.R. Gavai, Aravind Kumar, and Prashant Kumar Mishra dismissed the plea with exemplary costs saying that none of the fundamental rights of the petitioner has been violated.

“You are an advocate and filing such frivolous petitions. You should think ten times before filing such petitions,” the bench remarked, ordering that half of the cost will be deposited in the accounts of the Supreme Court Bar Association and the remaining half will be deposited with the Supreme Court Advocate-on-Record Bar Association.

The apex court did not allow withdrawal of the petition and said that if the petitioner fails to deposit the costs, the same shall be recovered by the concerned District Collector as an arrear of land revenue.

The same advocate was recently reprimanded by a bench headed by CJI D.Y. Chandrachud with a cost of Rs 5 lakh for filing a petition against the Chief Justice of Bombay High Court for allegedly not using ‘I’ while being administered oath.

On October 9, the Supreme Court allowed NCP leader Faizal to continue as Lakshadweep MP after Kerala High Court had refused to suspend his conviction in an attempt to murder case.

The petitioner-in-person, Ashok Pandey, contended that once a member of Parliament or a state legislature loses his office by operation of law, he will continue to be disqualified till he is acquitted from the charges levelled against him. He has also filed a similar plea against restoration of membership of Congress leader Rahul Gandhi, which is likely to be taken by the Supreme Court on October 30.

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