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This remark was made by the judge while hearing a plea by a rape survivor seeking medical termination of her pregnancy. While the Supreme Court had ordered for a fresh medical report to be submitted, High Court, in complete contravention directed the woman to go through with her pregnancy.
Justice BV Nagarathna today remarked that no judge can pass an order as a counterblast to the Supreme Court of India.
The Supreme Court judge made this remark in light of the Gujarat High Court's order from August 19, Saturday evening, wherein it had, in complete contravention of the top court's order issued earlier that day, asked a 25-year old rape survivor to go ahead with her unwanted pregnancy.
"This kind of an order as a counterblast to Supreme Court's order...we do not appreciate this..What is happening in Gujarat High Court...Do judges over there retort like this..", a visibly miffed Justice Nagarathna said.
On Saturday, a special bench of the Supreme Court, had asked the 25-year-old to be medically examined again, after she had approached it aggrieved by the High Court refusal to grant her any relief.
Later, a single judge bench of the High Court had taken up the matter in his chambers.
When the bench was informed about the same today, Justice Nagarathna said, "How can the High Court take this up suo moto after it was disposed by it..We are sorry, no court in India can retort to a Supreme Court order sitting in the chamber in the absence of any notice to the parties..".
"We dont have to justify our order...how can you force the victim to undergo a pregnancy.. this is against the constitution..", added Justice Bhuyan, who was also a part of the bench.
On Saturday, the same bench had pulled up the Gujarat High Court for its lackadaisical attitude in dealing with the 25-year old's case. Top Court was further informed that after a medical board was constituted by the High Court, which submitted its report on August 11, 2023, the High Court went on to adjourn the case for over 12 days.
Inquiring about the High Court's order, Justice Nagarathna had then said, "What is the order that came on 11 August? standover to 23rd for what purpose..how can the court say this..how much valuable time is lost by such an order..".
Case Title: XYZ vs. State of Gujarat
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