07 August 2024 Civil Suits >> Civil & Consumer Law  

In a significant development in Order of Punjab And Haryana High Court Dated 17.07.2024 And Ancillary Issues, the Supreme Court of India has intervened suo motu concerning a contempt proceeding initiated by the High Court of Punjab and Haryana. This action follows an order issued on July 17, 2024, by Justice Rajbir Sehrawat of the Punjab and Haryana High Court, during the contempt case titled Naurty Ram vs. Devender Singh IAS and Anr [COCP-87-2022 (O&M)].

While the Supreme Court did not delve into the underlying facts of the contempt proceeding, it expressed serious concerns regarding certain observations made by Justice Sehrawat about the Supreme Court itself. These remarks, now part of the public record, have prompted the apex court to take necessary action to preserve judicial decorum.

The Supreme Court has emphasized the importance of maintaining the hierarchical discipline within the judiciary, as outlined in several landmark decisions, including Tirupati Balaji Developers (P) Ltd vs. State of Bihar [(2004) 5 SCC 1]. The Court highlighted that observations pertaining to higher courts, such as the Supreme Court, are inappropriate and unnecessary in judicial orders. Such remarks, the Court noted, undermine the dignity of the judiciary and contravene the constitutional obligation to respect Supreme Court orders.

In response to the situation, the Attorney General and Solicitor General of India argued that the comments by Justice Sehrawat had tarnished the reputation of both the Supreme Court and the High Court. Acknowledging these concerns, the Supreme Court decided to take suo motu notice of the matter. It underscored that gratuitous remarks about higher courts are not only unneeded but also potentially harmful to the integrity of the judicial system.

The Division Bench of the Punjab and Haryana High Court, led by the Chief Justice, had already stayed the order from July 17, 2024, in a suo motu notice dated August 7, 2024. Despite this intervention, the Supreme Court felt compelled to act to rectify any damage to judicial authority and discipline caused by the earlier observations.

The Supreme Court has expunged the remarks made by Justice Sehrawat and issued a stern reminder about the necessity of judicial restraint. The Court stressed that judges should be cautious and responsible in their comments, especially in a time of widespread media coverage and live streaming of court proceedings.

While the Supreme Court chose not to issue a formal notice to Justice Sehrawat, it affirmed its role as the custodian of the judicial process and reiterated its expectation for adherence to judicial discipline. The Court's intervention aims to prevent any future occurrences of similar issues and maintain the sanctity of the judicial system.

With these actions, the Supreme Court has brought the matter to a close, reiterating its commitment to preserving the integrity and hierarchical respect within India's judicial framework.