Penalty reduce

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

MISC.CIVIL APPLICATION – FOR REVIEW No. 596 of 2011 InSPECIAL CIVIL APPLICATION No. 14922 of 2010

DASHRATH M DEVDA – Applicant(s)

Versus

HON’BLE CHIEF MINISTER

SHRI (GUJARAT) & 2 – Opponent(s)

Appearance :PARTY-IN-PERSON for Applicant(s) : 1, None for Opponent(s) : 1 – 3.

CORAM :HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA and HONOURABLE MR.JUSTICE K.M.THAKER

Date : 30/03/2011

ORAL ORDER

(Per : HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)

The petitioner Dashrath M. Devda has filed an affidavit and sought for unconditional apology for making certain observations before the Court on 25.11.2010 in SCA No. 14922/10. By the said order, the Court having found no case made out in public interest, and having found the case frivolous,imposed a cost of Rs. 1 lakh on the petitioner. Today in the affidavit, he had made the following statement:-

“I respect the whole women fraternity. I adore women’s role as mother,sister, daughter and wife too for the well being of family and society. I only oppose those women who misuse the laws like IPC 498A, Cr.P.C 125,24 HMA, and Domestic Violence Act, 2005 etc. and take revenge on their husbands and others and just destruct the family structure which in the long run harmful to society.”

In view of such apology sought for, and in absence of any opposition made by the learned Government Pleader, we recall last portion of our order dated 25.11.2010 passed in SCA No. 14922 of 2010, whereby we imposed costs of Rs.1 lakhs on the petitioner. The petition being frivolous, costs is assessed to Rs. 5,000/- to be paid within three months in favour of Self Employed Women’s Association (SEWA), Ahmedabad in place of Rs. 1 lakh. The said order stands modified to the above extent. MCA stands disposed of.

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(S.J. Mukhopadhaya, C.J.)

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