Court vs court: India’s Supreme Court blasts high court judge for ‘unwarranted’ criticism

India’s top court on Wednesday (Aug 7) blasted a judge of the Punjab and Haryana High Court who had criticised the Supreme Court’s order passed on May 3. A five-judge bench headed by Chief Justice of India (CJI) DY Chandrachud remarked that the statement by Judge Rajbir Sehrawat was "scandalous" and "unwarranted".

Although the bench schooled the judge over the required discipline of hierarchy, it stopped short of initiating proceedings.

The controversial order of Judge Rajbir Sehrawat

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Sehrawat, in an order passed on July 17, had criticised a May 3 ruling of the apex court, saying the top court "turns out to be simply in the nature of putting an estoppel on the powers of the High Court".

There was a tendency on the part of the Supreme Court to presume that it was "more Supreme", the judge had said.

Reaction by Supreme Court

The Supreme Court bench said it was “pained” by the remarks of the judge. It added that neither the top court nor high courts were supreme and supremacy is actually of the Constitution of India.

“This tendency of passing observation about the Supreme Court is not correct. Discipline has to be maintained. This discipline of hierarchy has to be maintained and the discipline of system has to be maintained. There is work pressure on high court judges. The Supreme Court must also use its powers with great caution and remedy by us should not cause greater judicial harm," the SC bench said.

"The observations which were made in the order of the single judge were unnecessary for the ultimate order which was passed. Gratuitous observations with regard to the previous orders passed by the Supreme Court are absolutely unwarranted. Compliance with the orders passed by the Supreme Court is not a matter of choice but a matter of the constitutional obligation. Parties may be aggrieved by an order. Judges are never aggrieved by an order passed by a higher constitutional forum," the bench added.

(With inputs from agencies)