The Supreme Court on Wednesday expunged the observations made by the Punjab and Haryana High Court Judge criticising the Supreme Court for staying contempt of court case in high court.
The Chief Justice of India DY Chandrachud while dictating order said that the observations of High Court Judge were totally unncessary and unwarranted. And retirated that compliance with orders passed by the Supreme Court is not a matter of choice but a matter of Constitution. And the observations by the high court judge is "matter of grave concern."
The top court had taken take suo motu notice of the July 17 order by Justice Rajbir Sehrawat which said that there was a tendency on the part of the Supreme Court to presume that it was "more Supreme" and the high courts were lesser "high."
The high court judge said that the Supreme Court has no role in a contempt of court proceedings pertaining to an order passed by the High Court.
Justice Sehrawat in his order observed that a stay by Supreme Court on a contempt of court case being heard by his bench can have "drastic and damaging consequences" and it seemed the top court wants to control the roaster of High Court
The high court judge passed an order observing that the Supreme Court has a tendency to presume itself as more "Supreme" that it actually is and see high court to be lesser "high" than it is constitutionally. Justice Rajbir Sehrawat went on to caution the Supreme Court about legal consequences of its order.
“Seen at a psychological plane this type of order is actuated, primarily, by two factors, firstly a tendency to avoid owning responsibility of the consequence which such an order, in all likelihood, is bound to produce, under a pretense that an order of stay of contempt proceedings does not adversely affect anybody, and secondly, a tendency to presume the Supreme Court to be more 'Supreme' than it actually is and to presume a High Court to be lesser 'High' than it constitutionally is,” the judge had written about the Supreme Court's stay order.
The judge further said that the top court itself has clarified multiple times that the High Court is not subordinate to it administratively.
Taking cognisance of the order, the Supreme Court constituted a five judge bench of Chief Justice of India DY Chandrachud, Justice Sanjiv Khanna, Justice BR Gavai, Justice Surya Kant and Justice Hrishikesh Roy and heard the matter today.
The bench today while ordering deletion of the said order issued a word of warning to the High Court judge, saying that greater caution is expected from him in future while dealing with the orders of the Supreme Court and the High Court division bench.
The Supreme Court said that such observations bring the entire judicial machinery into disrepute. And also effects the dignity of the High Courts as well.
"...We accordingly expugne the observations made by Justice Sherawat and expect a greater caution in future while dealing with the orders of the Supreme Courts and Divisional Benches of the High Court.
The court further took notice of the video of the judge indicating random, gratuitous and unnecessary observations.
"Considering the widespread reporting and livestreaming, the judges are all the more responsible....this can cause harm to sanctity of the judicial process," The apex court said.
CJI Chandrachud further said that the bench was inclined to issue notice which would lead to contempt proceedings against the high court judge, but the bench is avoided it for now. The top court warned Justice Sherawat to act with more caution in future.