The Supreme Court on Friday came heavily on a petitioner and its counsel for filing a writ petition against an order of the top court itself, and asked if the advocates are practicing properly. An enraged bench led by Justice BV Nagarathna imposed a fine of Rs 1 lakh on the NGO who filed the petition, and asked if such practice should continue in the courts.
Quashing the plea, the bench said that the petitions challenging the top court’s Constitutional Bench judgement will break down the entire judicial system. The apex court also observed that it is restraining itself from issuing criminal contempt of court on the petitioner.
What is the case?
A writ petition was filed by an NGO, United Voice for Education Forum, which sought setting aside the SC’s 2014 verdict to exempt minority educational institutions from the provisions of the Right of Children to Free and Compulsory Education Act, 2009.
The NGO wanted the top court to overturn its order, through a writ petition.
What is a writ petition? – Writ petition is a form of written request to the High Court from the SC, to take issue ‘writ’, which is a legal command to correct a wrong, enforce a right, or stop an unlawful action by a public authority or lower court.
It is a measure to be employed when there is a violation of fundamental rights or end of legal avenues. In the present case, it was Right to Education that the NGO was willing to base the case on.
‘What’s wrong with you?’, asks SC
Hearing the plea, the Supreme Court questioned the intent and method of approach by the petitioner and the counsel. It said this would break down a system.
“What’s wrong with you, you want to break down a system. We are not entertaining any Writ Petition against our own Order. How dare you do this? Don’t you know practice? Now we’ll start penalising. This will cause a breakdown of the entire system. We are enraged,” the bench said, quoted ANI.
Questioning the working of advocates, Justice Nagarathna asked, “What kind of advice are advocates giving? We will start penalising advocates for (giving) wrong advice. No writ petition is maintainable against a judgment of the Supreme Court.”
“This is the grossest abuse of the process of law and of the court,” she said, adding that the petition is dismissed with a cost of Rs 1 lakh payable to the Supreme Court Legal Services Committee.
“Let this be an example for all other such petitioners,” the bench added.