Mumbai: The state government has objected to a petition seeking a stay on implementation of the Maharashtra Court (Amendment) Fee Act, claiming that it is premature as the amendment has not yet been enforced. According to the petition, the proposed increase in court fees is unconstitutional and will make seeking justice unaffordable for the poor and downtrodden.
A division bench of justices R.V. More and P.D. Naik was hearing a writ petition filed by the secretary of the Advocates Association of Aurangabad bench through senior advocate Satish Talekar, claiming that the proposed amendment was exorbitant and aimed at curtailing litigation and generating revenue for the government.
Advocate Talekar argued that because of the rise in court fees, poor litigants would not be able to seek justice and the purpose of the high court would be frustrated. However, advocate general Ashutosh Kumbhakoni objected to the contentions and said that the HC administration should not be dragged into litigation. He said that the petition was premature as the amendment act had not yet been brought into force.
The bench posted the matter for further hearing on February 1.
