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Will impose heavy costs if you file frivolous petitions, Supreme Court to State of Kerala
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Will impose heavy costs if you file frivolous petitions, Supreme Court to State of Kerala

Murali Krishnan

The Supreme Court took a stern view of State of Kerala filing frivolous appeals and warned the State that it will impose heavy costs if such petitions are filed in future.

Order to that effect was passed by a Bench of Justices Deepak Gupta and Aniruddha Bose in an appeal filed by the State.

In the instant case, the prosecution had failed to produce the accused on two dates which led to non-examination of a witness who had come all the way from Dubai. The State was directed to pay costs of Rs. 25,000 to the witness. The State of Kerala chose to challenge the order, first before the High Court and then before the Supreme Court. The order noted the same:

“The state has filed this special leave petition challenging the order of the High Court whereby Rs.25,000/- was ordered to be paid as cost. The prosecution failed to produce the accused on two dates which led to non-examination of a witness who had come all the way from Dubai. The State was directed to pay costs of Rs. 25,000/- to the witness. The State chose to challenge the order first before the High Court and now before us.”

The Supreme Court stated in its order that “lakhs of rupees must have been spent for filing such a frivolous petition.”

It, therefore, dismissed the appeal but warned the State that heavy costs will be imposed if such petitions are filed in future.

“We make it clear the in future any such petition is filed by the State of Kerala, we shall impose very heavy costs.”

[Read Order]

Costs-on-Kerala-order.pdf
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