Supreme Court expunged remarks made the Punjab and Haryana High Court judge

11-Aug-2024

There was a tendency on the part of the Supreme Court to presume that it was "more Supreme", the judge had said.

The Supreme Court on Wednesday expunged remarks made the Punjab and Haryana High Court judge, Justice Rajbir Sehrawat against an earlier Supreme Court order. Expunging the remarks, the top court pointed out that "discipline of hierarchy should be maintained".

In an order passed on July 17, Justice Rajbir Sehrawat had criticised a top court order given on May 3. Justice Sehrawat had said the top court order "turns out to be simply in the nature of putting an estoppel on the powers of the High Court".

There was a tendency on the part of the Supreme Court to presume that it was "more Supreme", the judge had said.

A five-judge bench headed by Chief Justice of India DY Chandrachud said it was "pained" by the High Court judge's remarks and said, "This tendency of passing observation about the Supreme Court is not correct. Discipline has to be maintained. This discipline of hierarchy has to be maintained and the discipline of system has to be maintained. There is work pressure on high court judges. The Supreme Court must also use its powers with great caution and remedy by us should not cause greater judicial harm".

"Justice Rajbir Sehrawat has made observations with regard to the Supreme Court of India, which are a matter of grave concern. 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 level of District Court, or high court or Supreme Court", the CJI-led bench said in its order.

Terming the observations by the high court as unnecessary, the bench in its order said "The observations which were made in the order of the single judge were unnecessary for the ultimate order which was passed. Gratuitous observations with regard to the previous orders passed by the Supreme Court are absolutely unwarranted. Compliance with the orders passed by the Supreme Court is not a matter of choice but a matter of the constitutional obligation. Parties may be aggrieved by an order. Judges are never aggrieved by an order passed by a higher constitutional forum".

"Justice Rajbir Sehrawat has made observations with regard to the Supreme Court of India, which are a matter of grave concern. 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 level of District Court, or high court or Supreme Court", the CJI-led bench said in its order.

Terming the observations by the high court as unnecessary, the bench in its order said "The observations which were made in the order of the single judge were unnecessary for the ultimate order which was passed. Gratuitous observations with regard to the previous orders passed by the Supreme Court are absolutely unwarranted. Compliance with the orders passed by the Supreme Court is not a matter of choice but a matter of the constitutional obligation. Parties may be aggrieved by an order. Judges are never aggrieved by an order passed by a higher constitutional forum".

"Such observations tend to bring the entire judicial machinery into disrepute. This affects not only the dignity of this Court but also the high court," reads the order.