NEW DELHI: The Supreme Court on Wednesday expunged "absolutely unwarranted" and "scandalous" observations made by a judge of the Punjab and Haryana High Court against the top court, saying those remarks tend to undermine its authority.
A five-judge Constitution bench led by Chief Justice of India D Y Chandrachud said the observations can cause impalpable harm to the judicial process as it expected certain circumspection would be exercised in the future.
The bench, which also comprised Justices Sanjiv Khanna, B R Gavai, Surya Kant and Hrishikesh Roy, expunged the observations finding those as bordering on the exercise of contempt jurisdiction.
"We hope the court would not have to interfere in a similar matter in the future in relation to the same judge or any other judge of this country," the bench said.
The court has taken suo motu cognisance of the remarks made by Justice Rajbir Sehrawat of the Punjab and Haryana High Court in an order on July 17.
The HC judge had criticised the Supreme Court's approach for "presuming itself to be more 'supreme' than it actually is and the HC to be lesser 'high' than it constitutionally is".
On August 6, 2024, the apex court registered a suo motu case as 'In Re : Order of Punjab and Haryana High Court Order Dated 17.07.2024 and Ancillary Issues'.
Holding that observations with regard to the Supreme Court of India, are a matter of grave concern, the bench said, "Judicial discipline in the context of the hierarchical nature of the judicial system is intended to preserve the dignity of all institutions whether at the level of District Court, or High Court or Supreme Court".
"In a situation where the authority of this court is undermined, it is our duty to maintain the sanctity of judicial hierarchy. We therefore expunge the remarks made by Justice Sherawat and hope that caution would be exercised," the bench added.
The bench also made it clear that compliance with the orders passed by the Supreme Court is not a matter of choice but a matter of bounden constitutional obligation.
"Judges are never aggrieved by an order passed by a higher constitutional forum. Such observations tend to bring the entire judicial machinery into disrepute. This affects not only the dignity of this Court but also the High Court," the bench said.
The bench said judges work in a hierarchical situation and discipline has to be maintained and they are not to be aggrieved by the orders passed by the higher courts.
"In the age of live streaming, it is necessary that judges exercise greater restraint during proceedings and the observations made can cause impalpable harm to the judicial process. We expect certain circumspection shall be exercised in the future. We desist from directing any judicial enquiry at this stage but as per our constitutional duty we were bound to intervene," the bench said in its order.
Having heard Attorney General R Venkatramani and Solicitor General Tushar Mehta, the bench said that though the observations bordered on contempt, it was inclined to exercise a degree of restraint.
The court also considered that a division bench of the High Court had already taken suo motu notice of the judge's order and stayed it.
"We are pained by the observations made by the single judge of the Punjab and Haryana High Court. The observations are made in regard to an order passed by the Supreme Court," the bench said.
Venkataramani said there was unwarranted transgression on the part of the High Court judge.
Mehta said the video clip made a case for "aggravated contempt" as the conduct was not only against judicial propriety and judicial discipline but was also contemptuous.
