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For Spending Lakhs to Appeal Against Order of a Few Thousands, Kerala Faces Supreme Court's Wrath

Strong remarks by the Supreme Court were prompted by an appeal filed by the state government to challenge an order of the High Court.

Utkarsh Anand | CNN-News18

Updated:November 1, 2019, 11:53 AM IST
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For Spending Lakhs to Appeal Against Order of a Few Thousands, Kerala Faces Supreme Court's Wrath
Illustration by Mir Suhail/News18.com

New Delhi: Against a penalty of Rs 25,000, Kerala government chose to spend several lakhs of rupees in litigation.

The Supreme Court has now come down heavily on the Kerala government for filing such "frivolous and unnecessary" cases, and warned it against misadventures. "We make it clear in the future any such petition is filed by the State of Kerala, we shall impose very heavy costs," said the top court in a recent order.

Strong remarks by the Supreme Court were prompted by an appeal filed by the state government to challenge an order of the High Court.

After the state government had failed to produce an accused before the trial court on two dates, the judge ordered it to pay Rs 25,000 to a witness who had come from Dubai for testifying. The deposition had to be deferred for want of the presence of the accused.

Kerala government went in appeal against this order in the High Court, which found the trial court's order appropriate.

The state government went ahead to challenge this order in the Supreme Court, thereby choosing to splurge lakhs of rupees in litigation and other expenses in its attempt to save Rs 25,000.

When this petition came up before the top court, the judges were critical of how some officers and lawyers advised to spend lakhs of rupees on a litigation like this from the public exchequer.

"The State chose to challenge the order first before the High Court and now before us. Lakhs of rupees must have been spent for filing such a frivolous petition. The petition is dismissed," held the apex court.

It cautioned the state government against moving such petitions in future, and said heavy penalties shall be imposed in case of similar appeals.

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