The Supreme Courtroom has initiated a suo motu case and can hear in the present day the case pertaining to a latest controversial order by Punjab Haryana Excessive Courtroom choose Justice Rajbir Sehrawat, the place he criticised the highest court docket for staying proceedings in a contempt of court docket matter pending earlier than his bench. The excessive court docket choose mentioned that the Supreme Courtroom has no function in a contempt of court docket proceedings pertaining to an order handed by the Excessive Courtroom.
Justice Sehrawat in his order noticed {that a} keep by Supreme Courtroom on a contempt of court docket case being heard by his bench can have “drastic and damaging penalties” and it appeared the highest court docket needs to regulate the roaster of Excessive Courtroom
The excessive court docket choose handed an order observing that the Supreme Courtroom tends to presume itself as extra “Supreme” that it really is and see excessive court docket to be lesser “excessive” than it’s constitutionally. Justice Rajbir Sehrawat went on to warning the Supreme Courtroom about authorized penalties of its order. The choose questioned the function of the Supreme Courtroom in contempt of court docket instances within the excessive court docket and noticed that extra warning on the a part of the highest court docket would have been extra acceptable.
“Seen at a psychological aircraft one of these order is actuated, primarily, by two components, firstly a bent to keep away from proudly owning accountability of the consequence which such an order, in all chance, is sure to supply, below a pretense that an order of keep of contempt proceedings doesn’t adversely have an effect on anyone, and secondly, a bent to presume the Supreme Courtroom to be extra ‘Supreme’ than it really is and to presume a Excessive Courtroom to be lesser ‘Excessive’ than it constitutionally is,” the choose had written concerning the Supreme Courtroom’s keep order.
The choose additional mentioned that the highest court docket itself has clarified a number of occasions that the Excessive Courtroom isn’t subordinate to it administratively.
Taking cognisance of the order, the Supreme Courtroom has constituted a 5 choose bench of Chief Justice of India DY Chandrachud, Justice Sanjiv Khanna, Justice BR Gavai, Justice Surya Kant and Justice Hrishikesh Roy to listen to the matter.
“The Supreme Courtroom has no function on this side besides in an enchantment in opposition to the order of a Division Bench of Excessive Courtroom convicting a contemnor. As per the provisions of the Act, even an enchantment doesn’t lie earlier than the Supreme Courtroom in opposition to an order handed by single-bench, quite it lies earlier than the Division Bench of Excessive Courtroom, and even there, the powers of the appellate court docket are effectively outlined, by way of stage of enchantment and by way of the character of order which the appellate Courtroom might move,” the single-judge mentioned.
Justice Sehrawat additional known as for the Supreme Courtroom’s keep on his order within the contempt of court docket case within the nature of controlling the Excessive Courtroom’s roster to resolve which choose hears felony instances.
Apparently, Justice Sehrawat had additionally referred to the principles prompt by the Supreme Courtroom for designation of advocates as Senior Advocates
“…the Excessive Courts should comply with any sort of instructions coming from the Supreme Courtroom, typically out of perceived coercion, typically out of due regard for such order, and at another occasions for the sake of institutional majesty,” the choose mentioned.