The Supreme Court of India in the case Assistant Director Directorate Of Enforcement Versus Kamal Ahsan & Anr. Observed and has come down heavily on the Directorate of Enforcement (ED) for filing of a Special Leave Petition wherein seeking to interfere with a bail order which is being granted by the Allahabad High Court to a man who is suffering from Malignancy and Cancer.
The bench comprising of Justice MR Shah and Justice MM Sundresh observed that the bail order did not warrant any interference of the Court.
In the present case, the court while taking into consederation the peculiar facts and circumstances of the case and taking into consideration the fact that the respondent is suffering from Malignancy and Cancer and thereafter the same is not required to be interfered by this court, when he has been released on bail. The bench while concluding dismissed the Special leave petition.
It was also stated by the bench that there was no need for the ED for filing of the said SLP. As per the words of the Court, the stationary is just being wasted by the SLP and the legal fees apart from the Court’s precious time.
However, the court deemed it fit of imposing a costs of Rs 1,00,000 (One Lakh) on the concerned officer who has been granted permission for filing the petition.
The court dismissed the Special leave petition with exemplary cost, to be borne by the concerned officer, who has 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 and the cost needs to be deposited by the department with the Registry of this Court within a period of four weeks.
Before parting with the order, the Supreme Court of India directed that once the amount is deposited Rs.50,000 should be transferred to National Legal Services Authority, New Delhi and Rs.50,000, to Mediation and Conciliation Project Committee.
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