Court vs court in India: Gujarat High Court passes order against Supreme Court ruling

India’s Supreme Court on Monday (August 21) rebuked a lower court for passing an order against the top court’s ruling.

"What is happening in Gujarat High Court?” said the bench of Justice BV Nagarathna and Justice Ujjal Bhuyan of the Supreme Court.

The strong remarks came in a case related to a rape victim who was seeking to terminate her pregnancy. As reported by NDTV, the Gujarat High Court passed an order in the case even as it was listed for hearing in the apex court on August 21.

Earlier, the high court had ruled against the victim and denied her relief but Supreme Court in Monday’s judgment granted her approval for terminating her pregnancy.

“No court in India can pass an order against a superior court order. It is against constitutional philosophy," the SC bench noted.

Gujarat government issues clarification

Solicitor General Tushar Mehta, who represented Gujarat government in the Supreme Court, defended the court’s move by claiming that the Saturday order was passed just to fix a “clerical error.”

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"There was a clerical error in the previous order and that was fixed on Saturday. It was a misunderstanding," Mehta said while assuring the top court that the state government shall request the high court to recall the order.

Supreme Court vs High Court

Earlier on Saturday, the Supreme Court chided the lower court for its "lackadaisical attitude" in the sensitive case, saying “valuable time" has been lost.

The 25-year-old victim had initially approached the high court on August 7, following which the court directed the formation of a medical board to look into the status of her pregnancy.

The report prepared by the board, which ruled that the pregnancy can be terminated, was taken up by the high court on August 11.

However, as per the Supreme Court, the lower court “strangely” listed the matter for 12 days later, "losing sight of the fact that every day's delay was crucial and of great significance having regard to the facts and circumstances of the case".

Latest judgment by Supreme Court

India’s apex court on Monday issued a fresh judgment in the case taking into consideration the latest status report.

“Subsequent to the medical procedure to be carried out, in the event the foetus is found to be alive, the hospital is to give all facilities including incubation to ensure the foetus survives. The State shall then take steps to ensure the child is adopted in accordance with law," the Supreme Court said.

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