Explaining the crisis, a Supreme Court bench by Chief Justice DY Chandrachud reiterated that compliance with its order is not a matter of discretion but a matter of constitutional responsibility.
New Delhi:
The Supreme Court on Wednesday presented a stern counter to such a reference and asserted that compliance with directions issued by it is not a matter of choice and amended specific observations made by a single bench of the Punjab and Haryana High Court last month in a land acquisition case.
The judge bristled when a move to a contempt stay certain proceedings was made on May 3.
The Chief Justice of India, DY Chandrachud, termed the criticism as uncalled for and one that detracts from the dignity of the two courts. Since every party might be dissatisfied with a decision he or she obtained at the lower level of the legal system but judges cannot possibly be dissatisfied with the order that originates from a higher constitutional authority, the Chief Justice commented as follows:.
The five-judge bench headed by the Chief Justice and Justice Sanjiv Khanna, BR Gavai, Surya Kant, and Hrishikesh Roy was giving the response suo moto to the judge eyeing the lady and said that the incident is worrisome.
The bench also scolded the judge, Rajbir Sehrawat, who made the statement, and the court pointed towards maintaining the restraint while passing comments on the orders operating from the apex court.
Observations were made by Justice Sehrawat regarding the Supreme Court of India, which are quite worrisome. Judicial discipline necessary in the light of the hierarchical structure of the system is to maintain the dignity of all institutions, be they district, high court, or SC.
The observations made… were irrelevant to the final order, which was passed. Obiter dictums in regard to previous orders passed by the Supreme Court are inconceivable.
