Back
2001 Supreme(SC) 1756
SUPREME COURT OF INDIA
K.T. THOMAS, R.P. SETHI, JJ.
Medha Kotwal Lele and Others – Petitioners
Versus
Union of India and Others – Respondents
W.P. (Crl.) Nos. 173-177 of 1999
Decided On : 06-02-2001
Timely filing of counter affidavits is crucial, and the court has the authority to impose costs as a deterrent and for charitable purposes.
Headnote:
Counter Affidavits - States' Obligation to File - Imposition of Cost - Prime Minister's (Gujarat Relief) Fund
Fact of the Case:
The court addressed the filing of counter affidavits by certain states and the request for additional time to file them.
Finding of the Court:
The court granted additional time for filing counter affidavits to certain states on the condition that they pay a cost of Rs. 10,000 within one month, with the amount collected to be forwarded to the Prime Minister's (Gujarat Relief) Fund.
Issues: States' obligation to file counter affidavits, request for additional time, imposition of cost, and consequences of non-payment.
Ratio Decidendi: The court emphasized the importance of timely filing of counter affidavits and imposed a cost as a deterrent, directing the amount to be contributed to the Prime Minister's (Gujarat Relief) Fund.
Final Decision: The court granted additional time for filing counter affidavits to certain states on the condition of payment of a cost of Rs. 10,000 within one month, with non-payment leading to potential consequences for the State's Chief Secretary.
JUDGMENT :
1. The following States/Union Territories have either filed the counter affidavits or they are being filed during the course of the day:-
1. Bihar
2. Goa
3. Kerala
4. Maharashtra
5. Meghalaya
6. UT of Dadra and Nagar Haveli
2. States which require more time to file counter, inspite of last chance given on 9.1.2001 are the following:-
1. Assam
2. Haryana
3. Himachal Pradesh
4. Jammu and Kashmir
5. Manipur
6. Nagaland
7. Tamil Nadu
8. Tripura
9. Uttar Pradesh
10. UT of Chandigarh
11. UT of Delhi
12. UT of Pondicherry
3. The above States for which the prayer is made that further time is necessary for filing the counter, the time is granted on condition that each State shall pay a cost of Rs. 10,000/- within one month from today and that entire amount collected shall be forwarded to Prime Minister's (Gujarat Relief) Fund. If, any State fails to pay the said amount within one month from today will be at the peril that the State's Chief Secretary will be called up for answer.
4. List on 20.3.2001.
