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The Supreme Court of India took a firm stance on Wednesday by expunging remarks made by Justice Rajbir Sehrawat of the Punjab and Haryana High Court. This action was prompted by Justice Sehrawat's criticism of a previous Supreme Court order, which he felt overstepped and undermined the powers of the High Court.

 

The comments in question, made on July 17, questioned the authority of the Supreme Court and suggested that it acted as if it were "more Supreme." Justice Sehrawat’s remarks came after the Supreme Court issued an order on May 3, which he felt restricted the jurisdiction of the High Court.

 

The Supreme Court’s five-judge bench, led by Chief Justice of India DY Chandrachud, expressed its displeasure with the comments. The Chief Justice emphasised the importance of maintaining the discipline and hierarchy within the judicial system. He stated that such observations could potentially damage the dignity of the judiciary and disrupt its smooth functioning.

 

The bench underscored that the hierarchical nature of the judicial system must be respected to preserve the integrity of all courts, from district courts to the Supreme Court.

 

Justice Hrishikesh Roy, echoing the Chief Justice, remarked that while the tone of the remarks could have been more measured, the focus should remain on the official record of the court's orders.

 

The bench also included Justices Sanjiv Khanna, BR Gavai, and Surya Kant, who collectively emphasised that undue remarks about the Supreme Court were unnecessary and could lead to a loss of respect for the judicial process.

 

The Supreme Court's order highlighted that comments made beyond the official judgement or order were unwarranted and could tarnish the reputation of the judiciary.

 

The bench cautioned Justice Sehrawat to exercise greater restraint in the future, particularly regarding comments on Supreme Court orders. The bench also noted that the remarks could lead to unnecessary disrepute for the judiciary as a whole.

 

The Supreme Court refrained from initiating contempt proceedings against Justice Sehrawat at this stage but made it clear that such actions could be considered if similar issues arise in the future. The order aimed to remind all judges of the importance of respecting the decisions and orders of higher courts to ensure the proper functioning of the judicial system.

 

The controversy began with a land dispute case, where the High Court had issued certain observations about the Supreme Court’s order. The Supreme Court’s intervention in this matter underscores its commitment to upholding judicial discipline and ensuring that all judicial remarks remain within the bounds of respect and propriety.

 

The Supreme Court’s decision to expunge the remarks serves as a reminder to all judicial officers about the importance of maintaining judicial decorum and respecting the hierarchy of courts. This intervention aims to preserve the sanctity of the judicial process and ensure that the judiciary functions with the respect and authority it commands.

 

The Supreme Court’s action in expunging the remarks reflects its commitment to upholding judicial discipline and maintaining the integrity of the judicial system. It underscores the need for all members of the judiciary to adhere to the principles of respect and restraint in their public statements and judicial functions.