Police Have No Power To Probe Or File Chargesheet Under PCPNDT Act: Supreme Court Rules Cognizance Bar Absolute 'Cannot Claim Pension Scheme Post-Retirement After Accepting CPF Benefits': Supreme Court Rules Regularisation Doesn't Relate Back To Initial Appointment 'Offence Within Four Corners Of Room Not In Public View': Supreme Court Quashes SCST Act Charges Against School Manager Give A Dog A Bad Name And Hang Him: Supreme Court Quashes UP Gangsters Act Cases; Rules Punishing Mere Status Violates Article 20(1) Child Of Tender Age Easy Prey To Tutoring: Supreme Court Quashes Double Murder Conviction Based On Solitary Child Witness 'State Cannot Supplant PSC's Role By Conducting Exhaustive Eligibility Enquiry': Supreme Court Limits Executive Power In Post-Selection Document Verification Revenue Entry Neither Creates Nor Extinguishes Title: Supreme Court Holds Limitation Against Co-Owner Cannot Run Without Open And Unequivocal Ouster 125 CrPC | Obligation To Maintain Children Cannot Be Divided By Arithmetic Alone': Supreme Court Rules Mother's Income No Ground To Halve Father's Liability 'Scramble For Possession': Supreme Court Directs Appointment Of Advocate Receiver Amid Clash Between Consent Decree Execution & Gujarat Tenancy Act Claims 'Enmity Is A Double-Edged Weapon': Allahabad High Court Acquits Murder Convicts After Medical Evidence Flaws Expose 'Eye-Witness' Lies Andhra Pradesh High Court Quashes Remand Extension Granted Without Notice To Accused, Grants Default Bail 167(2) CRPC No Violation Of Natural Justice If Borrower Fails To Produce Records Or Seek Personal Hearing: Calcutta High Court Upholds Bank's 'Fraud' Account Classification Cannot Exploit Entire Land's FAR For New Tower Once OC Is Issued Without Flat Owners' Consent: Karnataka High Court Mandates TDR Purchase Brethren Assembly Hall Is A 'Church' Under Foreign Liquor Rules, Bar Hotel Cannot Function Within Prohibited Distance: Kerala High Court Fence-Sitters Cannot Claim Arrears After Inordinate Delay, But Entitled To Notional Fixation For Pension: Madhya Pradesh High Court Strikes At The Foundation Of Institutional Integrity: Punjab And Haryana High Court Denies Anticipatory Bail In Medical PG Admission Fraud Case Foreign Law Degree Taken Directly After School Cannot Be Treated As 'First Degree' For Admission To 3-Year LL.B. In India: Bombay High Court

“Judges Are Never Aggrieved by Higher Courts' Orders," Supreme Court Reprimands High Court Judge, Expunges Remarks

28 August 2024 12:56 PM

By: sayum


Apex Court underscores the importance of judicial discipline and comity, deletes unwarranted observations made by Punjab and Haryana High Court Judge. In a significant ruling, the Supreme Court of India has expunged controversial remarks made by Justice Rajbir Sehrawat of the Punjab and Haryana High Court, highlighting the importance of maintaining judicial discipline and comity within India's hierarchical judicial system. The apex court emphasized that the remarks were not only unnecessary but also had the potential to undermine the dignity of the judiciary at multiple levels.

The controversy arose from an order dated July 17, 2024, issued by Justice Sehrawat in the context of a contempt proceeding titled Naurty Ram v Devender Singh IAS and Anr. During these proceedings, Justice Sehrawat made several observations concerning the Supreme Court, which were later deemed inappropriate and beyond the necessary scope of the case.

The Supreme Court reiterated the principles governing the relationship between the High Courts and the Supreme Court, asserting the importance of judicial discipline. The court underscored that the hierarchical nature of the judicial system is intended to preserve the dignity of all judicial institutions, including the Supreme Court, High Courts, and District Courts. "Compliance with the orders passed by the Supreme Court is not a matter of choice, but a matter of bounden constitutional obligation," the bench observed, reaffirming that no judge should feel personally aggrieved by the orders of a superior court.

The Supreme Court found the remarks made by Justice Sehrawat to be entirely unwarranted, stressing that they did not contribute to the resolution of the case at hand. The bench, led by Chief Justice Dr. Dhananjaya Y. Chandrachud, noted that such observations could bring the judicial machinery into disrepute, thereby affecting the dignity of both the Supreme Court and the High Courts.

In its judgment, the Supreme Court formally expunged the contentious remarks made by Justice Sehrawat, while also expressing a degree of restraint in its response. The court recognized that the Division Bench of the Punjab and Haryana High Court, presided over by the Chief Justice, had already taken suo motu notice of the situation and stayed the operation of the Single Judge’s order.

The bench’s decision to expunge the remarks was driven by the need to maintain the sanctity of the judicial process. The Supreme Court highlighted that judges, while interpreting the law, must exercise caution and restraint, especially in an era where judicial proceedings are closely scrutinized by the public, including through live streaming.

Chief Justice Chandrachud remarked, "No Judge is personally affected by the orders passed either by the Division Bench of the High Court or, as the case may be, by the Supreme Court. Judicial discipline and the comity of courts are essential for the functioning of a fair and effective judicial system."

The Supreme Court's decision to expunge the remarks serves as a reminder of the importance of judicial restraint and discipline. This ruling is expected to reinforce the principles of judicial hierarchy and respect among courts, ensuring that the dignity of all judicial institutions is upheld. The case also highlights the delicate balance that judges must maintain in their observations to protect the integrity of the judiciary.

Date of Decision: August 7, 2024

In Re: Order of Punjab and Haryana High Court dated 17.07.2024 and Ancillary Issues

Latest Legal News