The Supreme Court today expunged the observations made by a single judge bench of the Punjab and Haryana High Court against the top court in a contempt case, saying they were “scandalous” and “unwarranted”.
A five-judge bench headed by Chief Justice of India (CJI) DY Chandrachud, however, refused to initiate proceedings against Punjab and Haryana High Court Judge Rajbir Sehrawat for his critical observations.
The bench, also comprising Justices Sanjiv Khanna, BR Gavai, Surya Kant and Hrishikesh Roy, referred to “judicial discipline” and said it expected greater caution to be exercised in future while dealing with orders of higher courts.
It said neither the top court nor high courts were supreme and 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 and judicial discipline has to be maintained.
Justice Sehrawat was critical of a top court order staying contempt proceedings initiated by the high court.
“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,” he had said in his order passed on July 17.
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