‘Unwarranted’ and ‘Scandalous’: Supreme Court expunges High Court Judge’s remarks against its Order
On Wednesday, the Apex Court expunged the observations made by a single judge bench of the Punjab & Haryana High Court against the Supreme Court in a contempt case, saying they were “scandalous” & “unwarranted”.
However, a five-Judge bench headed by Chief Justice of India (CJI) D Y Chandrachud refused to initiate proceedings against Punjab & Haryana High Court Judge Rajbir Sehrawat for his critical observations.
The bench, also comprising Justices Sanjiv Khanna, B R Gavai, Surya Kant & Hrishikesh Roy, referred to “judicial discipline” & said it expected greater caution to be exercised in future while dealing with orders of higher courts.
It said neither the Supreme Court nor High Courts were supreme & supremacy is actually of the Constitution of India.
During the hearing, the bench, which took suo motu cognisance of the matter, said it was pained by the observations made by the high court judge.
It said “unnecessary” observations have been made with regard to so many things in the High Court’s order.
The bench said judges are not aggrieved by the orders passed by higher courts & judicial discipline has to be maintained.
Justice Sehrawat was critical of an apex court order staying contempt proceedings initiated by the high court.
