The Supreme Court on Wednesday expunged some “scandalous” and “unwarranted” observations made against the apex court by a single judge bench of the Punjab and Haryana High Court in a contempt case, saying it was “pained” by these remarks.
A five-judge special bench headed by Chief Justice of India DY Chandrachud took suo motu note of the remarks and said these observations of Justice Rajbir Sehrawat of the high court were a “matter of grave concern”.
Observing that no court including the High Courts and the Supreme Court is “supreme”, the bench, also comprising Justices Sanjiv Khanna, BR Gavai, Surya Kant and Hrishikesh Roy, said such observations were wholly unnecessary for the conduct of the proceedings before the high court and moreover, the Constitution is “supreme”.
It, however, did not issue a notice and initiate proceedings against the high court judge for his “scandalous” observations at this stage.
“We, accordingly, expunge the observations which have been made by Justice Sehrawat in the order dated July 17, 2024 and expect a greater caution should be exercised in future while dealing with orders of the Supreme Court and for that matter, the orders passed by a division bench of the high court,” the bench said.
The top court noted it has been apprised that a division bench presided over by the high court’s Chief Justice has taken suo motu notice of his observations and stayed his order.
It said every judge is bound by the discipline which the hierarchical nature of judicial system proposes on judicial functioning. “Judicial discipline in the context of the hierarchial nature of the judicial system is intended to preserve the dignity of all institutions whether district courts, the high courts or the level of the Supreme Court,” the bench said.