SC imposes 50,000 cost on litigant Seeking Constitution of Special Neutral bench excluding  unreserved and OBC judges.

The Supreme Court (SC) bench of Justice Pankaj Mithal and Justice Hrishikesh Roy imposed Rs. 50,000 as a cost on a litigant who sought to have a special neutral bench with judges who neither belong to the unreserved category nor OBCs (Other Backward Classes). The constitution of a special neutral bench was asked to hear a reservation case that is pending before the High Court of Madhya Pradesh. The plea was filed against the Madhya Pradesh High Court’s order refusing to allow an application filed regarding the constitution of a special neutral bench. The SC bench observed “The only infirmity that we find with the impugned order of the High Court is that heavy cost was not imposed on the litigant who filed a mischievous I.A. No. 1873/2023 seeking constitution of a bench as he wanted, to the writ petition. Consequently, this misconceived Special Leave Petition is dismissed imposing costs of Rs. 50,000/- on the petitioner. The cost amount be deposited with the Supreme Court Legal Services Committee within one month from today.”

On March 20, the bench including Justice Virender Singh and Justice Sheel Nagu of the MP HC declined the order and observed that “This Court is of the firm view that I.A. for constitution of Neutral Special Bench is nothing but an attempt to browbeat the members of this Bench and also to delay the proceedings… to undermine the majesty of justice and cause interference in the administration of justice.” While dismissing the application, the HC opined that “a Judge is not supposed to recuse merely for the asking of a litigant or lawyer. Deciding the cause as per oat is the rule while recusal is a rare exception.” It added, “...recusal by any one of us in the given facts and circumstances would defy the oath taken for rendering justice without fear or favor, affection or ill will.” Due to this, the petitioner approached the SC whereas the bench hearing the matter imposed a cost of Rs. 50,000.