2022 (10) TMI 1082 - SCH - Money Laundering

Grant of bail - respondent is suffering from Malignancy and Cancer - HELD THAT - The Department ought not to have filed such a Special Leave Petition wasting the stationery, the legal fees and Court s time. The Special Leave Petition stands dismissed with exemplary cost, to be borne by the concerned officer, who granted the permission to file the Special Leave Petition, quantified at Rs.1,00,000/-, to be recovered from the salary of such an officer. The cost to be deposited by the Department with the Registry of this Court within a period of four weeks from today. On such deposit, Rs.50,000/- be transferred to National Legal Services Authority, New Delhi and Rs.50,000/- to Mediation and Conciliation Project Committee, Supreme Court of India.

Summary

Issues:
Dismissal of Special Leave Petition due to respondent's health condition and bail, Exemplary costs imposed on the Department, Allocation of costs to specific authorities, Disposal of pending applications.

Dismissal of Special Leave Petition:
In the judgment, the Supreme Court dismissed the Special Leave Petition based on the peculiar circumstances of the case, noting that the respondent is suffering from Malignancy and Cancer and has been released on bail. The court found no need to interfere with the respondent's situation, leading to the dismissal of the petition.

Exemplary Costs Imposed on the Department:
The court expressed disapproval of the Department for filing the Special Leave Petition, considering it unnecessary and a waste of resources such as stationery, legal fees, and the Court's time. As a consequence, the court imposed exemplary costs on the Department. The costs, quantified at Rs.1,00,000/-, are to be borne by the concerned officer who granted permission to file the petition. The Department was directed to deposit this amount with the Registry of the Court within four weeks.

Allocation of Costs to Specific Authorities:
Upon the deposit of the imposed costs, the court ordered the transfer of Rs.50,000/- to the National Legal Services Authority in New Delhi and Rs.50,000/- to the Mediation and Conciliation Project Committee of the Supreme Court of India. This allocation of costs aimed to contribute to legal aid services and mediation efforts, highlighting the court's focus on utilizing the penalty for beneficial purposes.

Disposal of Pending Applications:
The judgment concluded by stating that pending applications shall stand disposed of, indicating a comprehensive resolution of all matters related to the case before the Supreme Court. This final directive ensured the closure of any outstanding issues or requests associated with the case, bringing clarity and finality to the legal proceedings.