Read Time: 05 minutes
While discussing the issue today in court, the CJI said that he was going to expunge the statements but was not inclined to say anything which would affect the majesty of the High Court
The Supreme Court of India has today expunged certain "unnecessary observations" made by Justice Rajbir Sehrawat of the Punjab and Haryana High Court, over the supreme court' s order staying the contempt proceedings initiated in a case before the high court.
"We are informed the Chief Justice of the high court has taken suo moto cognizance of this order and stayed the same...this tendency of making comments..discipline has to be maintained..JUDGES ARE NOT AGGRIEVED BY THE ORDERS..", the CJI observed today.
While the Attorney General and Solicitor General termed the observations to be rather contemptuous and a 'transgression which is unwarranted', the CJI led bench said, "We were inclined to issue notice to the said judge, but this would subject the judge to adjudication by this court..which we would desist from doing right now..".
"This affects not only the dignity of this court but the high court as well. We observe that such observations were not necessary. We are inclined to exercise a degree of restraint in pursuing the course of action against the observations. In a situation where the authority of this court is undermined, it is our duty to maintain the sanctity of judicial hierarchy. We therefore expunge the remarks made by justice Sherawat and hope that caution would be exercised. EVERY JUDGE IS BOUND BY THE DISCIPLINE OF THE HIERARCHY OF THE JUDICIAL SYSTEM", the bench also comprising Justices Khanna, Gavai, Kant and Hrishikesh Roy has ordered.
Court has further observed that while parties may be aggrieved by an order of the court, judges are never aggrieved by an order passed by an institution. In this age where proceedings are reported the judges must exercise some restraint and we hope and trust that such circumspection shall be observed in the future, the CJI added.
Yesterday the supreme court had taken Suo Moto cognizance of the orders passed by Justice Rajbir Sherawat of the Punjab and Haryana High Court on July 17. Notably, Justice Sehrawat called the stay order to be "rubbish" and a video of him saying the judges are required to be sent for judicial training is also circulating.
When the matter was taken up today, CJI remarked that top court was pained by the observations made by the single judge.
"The only issue is when this court has passed a stay order, we are the appellate court, the order has to be complied, UNECESSARY OBSERVATIONS HAVE BEEN MADE..", Justice Khanna added.
Case Title: In Re Order of Punjab and Haryana High Court
Please Login or Register
