Supreme Court takes suo motu cognizance of Punjab and Haryana High Court judge's comments against it

Satya Prakash

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New Delhi, August 6

The Supreme Court on Tuesday took suo motu cognizance of certain comments made by Justice Rajbir Sehrawat of the Punjab and Haryana High Court against it for staying contempt proceedings in a case pending before his Bench.

The matter is listed for hearing on Wednesday before a five-judge Bench of Chief Justice of India DY Chandrachud, Justice Sanjiv Khanna, Justice BR Gavai, Justice Surya Kant and Justice Hrishikesh Roy.

In his July 17 order, Justice Sehrawat had raised questions over the Supreme Court's order staying contempt proceedings in a case and had even sounded a note of caution for the top court, saying it should "be more specific in causing legal consequences through its order".

Justice Sehrawat had also commented that the Supreme Court had the tendency to presume it's more "supreme" than it actually was and to presume a High Court to be lesser 'high' than it constitutionally was.

Justice Sehrawat had sought to emphasise that high courts were not subordinate to the Supreme Court and there was no scope for the latter to issue sundry directions to the former regarding specific proceedings pending in a high court.

The relationship between a high court and the Supreme Court was not akin to that between a high court and a civil judge (junior division) within its jurisdiction, he said.

On the orders of the high court Chief Justice, the Registrar General on August 5 shifted contempt cases from Justice Sehrawat's court to the court of another judge.