Observing that some petitions are filed with “ulterior motive”, the Bombay High Court has imposed a cost of Rs2 lakh on a Nanded resident for filing a frivolous plea against Shiv Sena (UBT) chief Uddhav Thackeray. The court has directed petitioner Mohan Chavan to personally hand over the amount in the form of a demand draft to the former chief minister.
Doctor in philosophy and a member of Banjara community, Chavan contended that his religious sentiments were hurt by Thackeray who did not apply sacred ash (vibhuti) given to him by his priest during a function.
Justice SG Mehare of the Aurangabad bench said prima facie even a person with little knowledge of law would say this was nothing but 'abuse of process of law or using the judicial system to become famous and celebrity'. “Such petitions lower the image of respected members of the society. Most of the time, petitions like these are filed with ulterior motives,” the judge said on August 29.
Noting that it was a fit case to impose a cost for abusing the process of law, the court permitted Chavan to withdraw the petition after imposing a cost of Rs2 lakh. The amount has to be given to Thackeray within three months, failing which stringent action would be taken, the HC said.
“The petitioner (Chavan) should purchase a DD (demand draft) in the name of the former chief minister Uddhav Balasaheb Thackeray, go personally to his home and deliver it to his hand or to the person whom he directs,” Justice Mehare said.
