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40-yr-old court fees set for 20-fold hike?
Dhananjay Mahapatra | TNN
New Delhi: Litigants and lawyers have been paying a paltry fee for filing appeals or vakalatnama in the highest court of the land for over 40 years, but it may register a 20-fold hike as per a current proposal being examined by law minister Veerappa Moily.
The proposal is part of the process initiated by Moily to take a relook at the court fee structure and evolve a consolidated Central Court Fees Act making provisions for the payment of realistic fees in respect of the Supreme Court and in all tribunals set up under central legislations. Moily is expected to initiate discussion with advocate bodies on this proposal. The fee for filing a special leave petition (SLP) challenging a high court order in the Supreme Court was fixed at Rs 250 way back in 1966 and it is still the same after 43 years. Most of the litigants who travel to Delhi to file an SLP pay much more as travel expenses, not to mention the cost of their stay in Delhi.
As for lawyers, who charge the litigant in thousands of rupees, they pay an absurdly meagre fee of Rs 3 for filing vakalatnama in the SLP, an authorisation letter from the client that allows them to appear in the case. That’s not all, to enter their appearance in a case, they pay a princely sum of Rs 5.
Moily thought that these fees were not only absurdly low but totally out of sync with the value of rupee today and asked the legal brains to get working on chalking out a fee structure that would be in consonance with present times, where the lawyers charge huge sums and the litigants spend much more in coming to Delhi to move the Supreme Court.
One of the proposals received by the law ministry was to hike the fee to Rs 5,000 for filing an SLP. The proposal states the increase alone would generate an additional Rs 25 crore a year. If the fee for vakalatnama and the charge for entering appearance was raised, it would make substantial funds available to meet the infrastructural expansion for the court.
OLD CHARGES
The fee for filing a special leave petition (SLP) challenging an HC order in the SC was fixed at Rs 250 in 1966 and it remains the same even after 43 years Lawyers, who charge the litigant in thousands of rupees, pay an absurdly meagre fee of Rs 3 for filing vakalatnama in the SLP
HIKE ON CARDS
A Veerappa Moily-initiated process proposes a fee hike to Rs 5,000 for filing an SLP Another dramatic judge recusal Parties Had No Issue, But Justice Kapadia Goes As Nariman, Present In Court, Protests
New Delhi: Holding shares in companies continues to lead to recusal of judges from hearing cases in the Supreme Court. The latest recusal came under unusual circumstances on Monday.
When the case ITC Limited Vs Norasia Container Lines, listed for the 7th time, came up before a bench headed by Justice S H Kapadia, he confessed that he held shares in the ITC and would pull out from hearing and deciding the case if any party had objection to his being part of the bench.
Expectedly, none of the parties had any objection. But, before Justice Kapadia could say anything noted senior advocate Fali S Nariman stood up from the back row, registered his objection and suggested that the judge recuse himself from the hearing. Justice Kapadia acceded to the suggestion without further waste of time. Justice Kapadia, who has declared that his and his wife’s investment in shares had a market value of Rs 41 lakh, may have recused from hearing the ITC case, but it certainly opens a Pandora’s box allowing lawyers unconnected with the case to raise objection to a judge hearing a particular matter.
Not long ago, Justice Markandey Katju had also recused himself from hearing a case under unusual circumstances. Justice Katju, heading a bench, had reserved verdict for two months in a case filed by Mukesh Ambani owned RIL against the stateowned BPCL involving a dispute over price differences in Naptha supplied to the PSU. Justice Katju had recused on the grounds that his wife held shares in the Reliance Industries. In reality, she did not hold any share in Mukesh Ambani’s RIL but had invested Rs 2 lakh in two Funds run by an Anil Ambani group company. The details of assets, liabilities and investments declared by Justice Katju, which has been put on the official website of the Supreme Court, reflected that his wife had invested in Reliance Growth Fund and Reliance Regular Savings Fund, both of which have no connection with RIL. In fact, both Reliance Growth Fund and Reliance Regular Savings Fund are run by Reliance Capital, a firm owned by the Anil Ambani group. Justice Katju did not own a single share in any of the Reliance companies, either with the elder Ambani or the younger one.
4 new SC judges to take oath today
New Delhi: Four new judges barring Karnataka high court Chief Justice P D Dinakaran would be sworn in as new judges of the Supreme Court on Tuesday. Justices A K Patnaik, T S Thakur, K S Radhakrishnan and Surinder Singh Nijjar would be administered the oath of office and secrecy by the Chief Justice of India at Court No I at 10.30 am on Tuesday. With the induction of the four judges, the total strength of the SC judges would go up to 26 as against the sanctioned strength of 31 judges. AGENCIES