“Grossest abuse”: Supreme Court imposes Rs 1 lakh cost on petitioner seeking reopening of Pramati Education Trust, which granted exemption to minority educational institutions from RTE Act

The petition had been filed barely three months after another Bench of the Supreme Court expressed doubts about the correctness of the 2014 Constitution Bench ruling.
“Grossest abuse”: Supreme Court imposes Rs 1 lakh cost on petitioner seeking reopening of Pramati Education Trust, which granted exemption to minority educational institutions from RTE Act
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THE SUPREME COURT ON FRIDAY came down heavily on a petitioner NGO United Voice for Education Forum, which was seeking to reopen its 2014 Constitution Bench ruling that exempted minority educational institutions from the Right to Education (‘RTE’) Act. The Court termed the plea an impermissible attack on the authority of the apex court and imposing costs of ₹1 lakh on the petitioner NGO.

A Bench comprising Justices B.V. Nagarathna and R. Mahadevan expressed strong disapproval of the plea filed by United Voice for Education Forum, viewing it as an attempt to undermine the finality of judgments delivered by the Supreme Court.

“You cannot do this to the Supreme Court. We are enraged. This is against the entire system of judiciary in this country if you start filing such cases. You don’t know the seriousness of your case,” Justice Nagarathna observed. “We are restraining ourselves to imposing a cost of ₹1 lakh. Don’t bring down the judiciary of this country by filing such cases,” she added.

The Bench also questioned how legal advice could have been given to invoke Article 32 to directly challenge a binding judgment of the Supreme Court.

“What is happening here? Advocates are giving such kind of advice? You are law-knowing citizens and professionals, yet you file a writ petition challenging a judgment of this Court under Article 32,” the Court observed, “This is the grossest abuse.” The Court clarified that it was refraining from initiating contempt proceedings.

The Bench also questioned how legal advice could have been given to invoke Article 32 to directly challenge a binding judgment of the Supreme Court.
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