SC expresses strong displeasure towards Central government

SC expresses strong displeasure towards Central government

Supreme Court judge Justice BV Nagarathna burst into anger in the courtroom on Wednesday, October 11 after the Central government approached the court of Chief Justice DY Chandrachud to withdraw an order passed by her bench. Justice Nagarathna said that every bench of the Supreme Court is the Supreme Court and its order is the order of the Supreme Court. Justice Nagarathna rapped the Central government's Additional Solicitor General for orally mentioning an application before the Chief Justice of the country to withdraw the order passed by the bench of Justices Hima Kohli and BV Nagarathna.

Justice Nagarathna said he was 'troubled and concerned' by the action of the association in approaching the Chief Justice for interference in an order passed by another bench without filing an application. Justice Nagarathna expressed concern that if such a precedent was set, the court system would collapse.

Justice Nagarathna told Additional Solicitor General Aishwarya Bhati, appearing for the Centre, "We cannot allow this. If the Center itself starts doing this, then private parties will also start doing this. We are an integral court. The bench is the Supreme Court itself. We are a court sitting in different benches. Speaking for myself, I cannot appreciate it on behalf of the Union of India."

On Monday, the bench of Justice Hima Kohli and Justice BV Nagarathna had given permission to a married woman to abort her unplanned pregnancy in the 26th week. The petitioner was directed to approach All India Institute of Medical Sciences (AIIMS), New Delhi for medical termination of pregnancy.

Subsequently, yesterday at 4 pm, ASG Aishwarya Bhati made an oral mention before CJI DY Chandrachud against the order of the bench of both the judges.

He said that the doctors are of the opinion that there is a possibility of the fetus being born alive, hence the union is demanding withdrawal of that order.

On this plea, CJI Chandrachud asked AIIMS to postpone the abortion procedure and directed the association to file an application to withdraw the order. As a result, a special bench of Justices Hima Kohli and Nagarathna was reconstituted today to consider the case again.

 

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