In a notable development, the Supreme Court has taken strong action against "scandalous" remarks made by Justice Rajbir Sehrawat of the Punjab and Haryana High Court. These remarks, part of a contentious order criticizing the Supreme Court's decision to stay proceedings in a contempt case, raised concerns about judicial decorum and hierarchy.
The issue, formally known as "In Re: Order of Punjab and Haryana High Court Dated 17.07.2024 and Ancillary Issues," was reviewed by a five-judge bench led by Chief Justice of India DY Chandrachud, along with Justices Sanjiv Khanna, BR Gavai, Surya Kant, and Hrishikesh Roy. The bench found Justice Sehrawat's comments to be "unnecessary and unwarranted," emphasizing that Supreme Court directives must be adhered to at all levels of the judiciary.
The bench underscored that compliance with Supreme Court orders is not optional but a fundamental legal obligation that supports the judicial process in India. Justice Sehrawat's remarks, which included questioning the Supreme Court's stay order and dismissing another Division Bench’s order as "rubbish," were seen as undermining the authority of the highest court.
Solicitor General Tushar Mehta described Justice Sehrawat's behavior as not merely judicial indiscipline but aggravated contempt, stressing the importance of preserving the respect and sanctity of judicial processes. “This goes beyond a simple breach of conduct; it affects the very respect people have for the judiciary,” Mehta argued.
Chief Justice Chandrachud emphasized the need to respect the judiciary’s hierarchical structure to maintain discipline and integrity. He highlighted that such remarks could jeopardize the foundation of judicial respect and order.
The Supreme Court assured that while it would expunge the offending remarks, it would also be careful in its critique to prevent causing further judicial harm. This approach reflects the Court’s commitment to upholding judicial dignity while allowing for constructive dialogue.
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