The Supreme Court on Wednesday removed the remarks made by Punjab and Haryana High Court judge, Justice Rajbir Sehrawat, from an order in which he criticized the top court for staying the proceedings in a contempt of court case.
A five-judge Bench, including Chief Justice of India DY Chandrachud and Justices Sanjiv Khanna, BR Gavai, Surya Kant, and Hrishikesh Roy, stated that the observations made by Justice Sehrawat were highly concerning and should be disregarded.
The Supreme Court emphasized that compliance with its orders is not optional but a fundamental requirement of the binding legal system.
"We are of the view that the gratuitous observations by the single judge was absolutely unnecessary and unwarranted. Compliance with Supreme Court direction is not a matter of choice but a matter of binding legal system which overlooks the process of judicial adjudication in the country," the Court said.
It further stated that while parties may be dissatisfied with an order, judges themselves cannot be aggrieved by a higher appellate forum.
"This court was constrained to take suo motu notice of the July 17 order in view of the fact that such orders intend to bring entire judicial machinery to disrepute and it also lowers dignity of the High Court as well and such observations were wholly unnecessary," the Court said
The Court also emphasized the need for judges to exercise greater caution when addressing Supreme Court orders and those issued by division benches. It expressed a hope that it would not need to intervene in similar matters involving the same or any other judge in the future.
On Tuesday, the Supreme Court initiated a suo motu case concerning Justice Sehrawat's recent order, where he commented on the implications of stay orders issued by the top court and cautioned the Supreme Court to be more specific in its orders.
During today's hearing, Chief Justice Chandrachud expressed regret over Justice Sehrawat's remarks and referenced a viral video showing the judge labeling a Division Bench's order as a "rubbish order." Solicitor General Tushar Mehta further noted that the judge had even declared the Supreme Court's order as non est, describing the situation not just as judicial indiscipline but as aggravated contempt.
"He (judge) also said in video that judges should be sent for judicial training and sometimes expressions speak much more.. so the court must decide whether suo motu should look into only the observations or the video also which is judicial indiscipline or judicial impropriety and is thus contemptuous also. a common man is watching the video as well," Mehta said.
In its subsequent order, the Court emphasized the need for judges to exercise greater restraint during proceedings, especially in the era of live streaming.
During today's hearing, Chief Justice Chandrachud also addressed the frequent tendency among High Court judges to comment on Supreme Court orders. The Court decided to expunge the judge's remarks but clarified that it would refrain from making any statements that could undermine the dignity of the High Courts.
"Thus we will expunge the remarks of the judge and express that observations in the order is scandalous ... SC must also use its powers with great caution and remedy by us should not cause greater judicial harm," CJI Chandrachud said,
Notably, shortly after this order, on August 5, the High Court Registrar General, following the Chief Justice’s directions, published a notice announcing that contempt matters in the High Court would now be heard by Justice Harkesh Manuja.
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