Supreme Court expunges Punjab & Haryana HC comments criticising its stay order in contempt matter
‘The gratuitous observations by the single judge was absolutely unnecessary and unwarranted,” the top court remarked on Wednesday.
The Supreme Court on Wednesday expunged the “scandalous” and “unwarranted” comments made by the Punjab and Haryana High Court’s Justice Rajbir Sehrawat in connection with the top court’s stay order from May in a contempt of court case, reported Bar and Bench.
A five-judge bench comprising Chief Justice DY Chandrachud with Justices Sanjiv Khanna, BR Gavai, Surya Kant and Hrishikesh Roy took cognisance of the High Court’s remarks on Tuesday.
In an order passed on July 17, Sehrawat remarked that the Supreme Court has no role concerning the contempt of court proceedings pertaining to an order passed by the High Court.
“We are of the view that the gratuitous observations by the single judge was absolutely unnecessary and unwarranted,” the Supreme Court said on Wednesday. “Compliance with Supreme Court direction is not a matter of choice but a matter of binding legal system which overlooks the process of judicial adjudication in the country.”
“We are pained by the observations made by [Sehrawat],” the chief justice verbally remarked at the outset of the hearing. “We will expunge the remarks of the judge and express that observations in the order is scandalous.”
Days after Sehrawat’s order was passed, High Court Chief Justice Sheel Nagu modified the roster and transferred contempt matters from Sehrawat to Justice Harkesh Manuja.