Wasted Court's Time: SC Imposes ₹1 lakh Cost On ED Officer Seeking Cancellation Of Bail Granted To Cancer Patient
The Supreme Court came down heavily on an Enforcement Directorate Officer who had filed a Petition against a bail granted to a cancer patient and imposed a cost of Rs. 1 lakh on him.
The Bench of Justice MR Shah and Justice MM Sundresh observed that filing such a Special Leave Petition wasted Court's time and further held –
"The Department ought not to have filed such a Special Leave Petition wasting the stationery, the legal fees and Court's time. The Special Leave Petition stands dismissed with exemplary cost, to be borne by the concerned officer, who granted the permission to file the Special Leave Petition, quantified at Rs.1,00,000/-, to be recovered from the salary of such an officer."
The Bench also held, "The cost to be deposited by the Department with the Registry of this Court within a period of four weeks from today. On such deposit, Rs.50,000/- be transferred to National Legal Services Authority, New Delhi and Rs.50,000/- to Mediation and Conciliation Project Committee, Supreme Court of India."
ASG KM Nataraj appeared for the Petitioner before the Court.
The man who was an employee of a private bank was arrested in an embezzlement case of Rs. 24 Crore and was suffering from Malignancy and Cancer.
The agency had moved the Apex Court assailing the Allahabad High Court's order dated November 12, 2021, that had granted bail to the man.
The High Court had requested the doctor concerned of the Kamla Nehru Hospital, Prayagraj to scan the applicant and submit a report on his health condition and the stage of cancer.
Cause Title - Assistant Director Directorate of Enforcement v. Kamal Ahsan & Anr.