This Article is From Apr 23, 2012

Madras High Court imposes costs of Rs one lakh on petitioner

Chennai: Annoyed with a petitioner for wasting the time of the court, the Madras High Court no Monday imposed costs of Rs one lakh on a petitioner for seeking an issue of 'quo warranto' against Army Chief, General V K Singh, "without understanding the nature and concept of the same."

A Division Bench, comprising Justice Elipe Dharma Rao and Justice M Venugopal, dismissed as withdrawn, the quo warranto petition filed by Dr S Vishwa Murti, founder chairman of 'Awareness on Anti Corrpution and Crime', a NGO.

The bench said "further when the bench has required the petitioner's counsel to state the reason and necessity to issue a quo warranto, when admittedly the matter was entrusted to the CBI for inquiry, he was unable to answer."

The petitioner had sought to know under what authority General Singh continued to hold the post and for a consequent direction to the Centre to dismiss him from office after allegedly violating the oath or affirmation he had taken at the time of his induction in the army.

The petitioner had submitted that General Singh had allegedly told the media that he was offered a bribe but had not immediately brought to book those who had made the offer.

Stating that the petitioner's counsel was also not able to reply when a specific question was put to him regarding the principle laid down by the Supreme Court in the matter of quo warranto, the bench said the petitioner had not approached the court with clean hands and bonafide intent for permission to withdraw the petition after it was heard for two days.

The Judges directed that the amount imposed as costs be paid to 'Madras Society for Protection of Children', within two weeks failing which the District Collector would take steps to recover the amount.
 
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