Supreme Court rejects petition claiming oath of Chief Justice of Bombay High Court is wrong, fine imposed

Chief Justice of Bombay High Court: The Supreme Court on Friday (13 October 2023) rejected the petition demanding re-swearing in of Bombay High Court Chief Justice Devendra Kumar Upadhyay. The Supreme Court expressed strong displeasure on the petition that the oath taken by the Chief Justice of Bombay High Court was technically wrong.

Besides, a fine of Rs 25,000 was also imposed on the petitioner for wasting his time. It was also said in the petition that apart from Maharashtra, Bombay High Court is also the High Court of Goa, hence the Governor of Goa should also be included in the swearing-in ceremony.

What did the court say?

A bench headed by Chief Justice of India DY Chandrachud, Justice JB Pastorwala and Justice Manoj Mishra said that there is a limit to frivolity in the Supreme Court. The petitioner has wasted the court’s time. Judges hear petitions even at midnight.

The Chief Justice told the petitioner, “You are challenging the oath because the Governor had said I but the Chief Justice did not use the word I while taking the oath.” He further said that from now on the court will start imposing advance costs to prevent such frivolous petitions from coming before the court.

At the same time, the petitioner on the matter told the court that his petition should not be called frivolous before the hearing. Argued that without hearing the parties, it cannot be decided whether it is frivolous or not. In response, the Supreme Court said that such frivolous petitions take up the precious time of the court and also divert the attention of the court from taking up important matters and the time has come to impose penalty on such cases.

Also read: Supreme Court: Supreme Court angry over delay in decision on disqualification of Eknath Shinde’s MLAs, said- cannot be postponed till elections

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