The Supreme Court bench of Justices Hrishikesh Roy and Pankaj Mithal recently imposed a cost of ₹50,000 on a petitioner who sought the constitution of a special 'neutral' bench to hear a reservation case pending before the Madhya Pradesh High Court. The petitioner's plea before the High Court to form a bench with judges who do not belong to the upper caste or other backward classes (OBCs) was declined, with the High Court terming it an attempt to browbeat the court and undermine the administration of justice.
The bench dismissed the appeal arising from the Madhya Pradesh High Court's order and directed the petitioner to deposit the costs with the Supreme Court Legal Services Committee within a month.
The Madhya Pradesh High Court had declined to constitute a special bench to hear the batch of petitions related to the OBC reservation in the state. The petitioner had filed an interlocutory application seeking the case to be heard by a bench comprising judges who neither belonged to OBC nor any unreserved category.
The High Court, in its order, expressed that the plea was an attempt to undermine the majesty of justice and interfere with the administration of justice. It further emphasized that the court was bound by its oath to adjudicate the case without fear or favour.
Around 48 petitions are pending before the Madhya Pradesh High Court concerning the OBC reservation in the state. The court has stayed and/or struck down increases in OBC quota to 27 percent in educational institutions and public services since 2019. This has resulted in newer bills being passed on the matter, forming the subject of the current batch of pleas.
The Supreme Court's stance in imposing costs highlights the need for litigants to present valid and respectful arguments before the court. Seeking a special 'neutral' bench based on the caste identity of the judges undermines the principles of justice and equality. The costs imposed by the Supreme Court serve as a reminder that litigants should approach the court with legitimate and substantive concerns rather than attempting to influence the composition of the bench based on extraneous considerations.
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