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Stating that it is “pained by the observations” in the July 17, 2024, order of Justice Rajbir Sehrawat of the Punjab and Haryana High Court, the Supreme Court on Wednesday expunged those observations.
“We are of the view that the observations which were made in the order…were totally unnecessary for the ultimate order which was passed. Gratuitous observations in regard to previous orders passed by the Supreme Court…are absolutely unwarranted. Compliance with orders passed by the Supreme Court is not a matter of choice, but a matter of bounden constitutional obligation bearing in mind the structure of the Indian legal system and the authority of the Supreme Court, which heads the process of judicial adjudication in the country,” a five-judge Constitution Bench which took suo motu cognisance of the matter said.
The bench presided by Chief Justice of India D Y Chandrachud also comprised Justices Sanjiv Khanna, B R Gavai, Surya Kant, and Hrishikesh Roy.
“We accordingly expunge the observations which have been made by Justice Rajbir Sehrawat in the order dated July 17, and expect greater caution to be exercised in the future while dealing with orders of the Supreme Court and for that matter the orders passed by the division bench of the High Court,” the bench said.
“Judicial discipline in the context of the hierarchical nature of the judicial system is intended to preserve the dignity of all institutions whether at the district, High Court or at the level of the Supreme Court,” said the bench.
The issue concerns comments by Justice Rajbir Sehrawat on July 17 concerning the Supreme Court stay order dated May 3, 2024. Taking exception to the stay order, the single judge said, “Seen at a psychological plane this type of order is actuated, primarily, by two factors, firstly a tendency to avoid owning responsibility of the consequence which such an order, in all likelihood, is bound to produce, under a pretence that an order of stay of contempt proceedings does not adversely affect anybody, and secondly, a tendency to presume the Supreme Court to be more ‘Supreme’ than it actually is and to presume a High Court to be lesser ‘High’ than it constitutionally is”.
“Power to initiate and to continue the proceedings for alleged contempt qua an order passed by the High Court lies exclusively with the High Court as per Article 215 of the Constitution of India and Section 12 of the Contempt of Courts Act. The Supreme Court has no role in this aspect except in an appeal against the order of a Division Bench of the High Court convicting a contemnor. As per the provisions of the Act, even an appeal does not lie before the Supreme Court against an order passed by a Single Bench, rather it lies before the Division Bench of the High Court, and even there, the powers of the appellate Court are well defined, in terms of stage of appeal and in terms of the nature of order which the appellate Court could pass,” said Justice Rajbir Sehrawat.
On Tuesday, the SC took suo motu cognisance of the matter and posted it for hearing by the five-judge bench.
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