New Delhi: The Supreme Court Thursday imposes a cost of Rs 10 lakh each on two people who have filed a “reasoned” petition, challenging the practice of recommending the successor’s name to the President by the Supreme Court Chief of Indian Holds. A bank comprising principal justice JS Khehar and Justice D. Y. Chandrachud said that the imposition of exemplary costs on Swami Om and Mukesh Jain was necessary to send a message to persons placed in a similar manner to prevent the filing of such petitions.
The plaintiffs, who asserted nothing in their defense against the designated CJI, have referred to the constitutional order on the appointment of the CJI and chief justice of the superior courts, according to the recommended procedure the name of the successor by the CJI above is contrary to the spirit Of the Constitution.
The Court, in its resolution, points out that article 124A, as amended by the National Commission on Judicial Appointments, has been annulled by a constitutional court. Article 124 of the Constitution refers to the designation of judges for the Supreme Court, while article 124A provides the composition of the National Commission on Judicial Appointments.
The highest court asked the petitioners to file the fine within one month from today and said that the amount should be sent to the Emergency Fund of the President of the Government. The court ordered the re-inclusion of the article after a month if the petitioners did not remove the encumbered costs.