[BREAKING] “We are Pained by Justice Rajbir Sehrawat Observations”: CJI Expunges ‘Scandalous’ Remarks in Order Passed by HC Judge

A 5-judge Bench Led by Chief Justice of India (CJI) DY Chandrachud Today (August 7th) expunged the remarks made by Punjab and Haryana High Court judge Justice Rajbir Sehrawat in an order criticising the top court for staying the proceedings in a contempt of court matter. Apex Court said the observations made by Justice Sehrawat were a matter of great concern and ought to be eschewed.

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NEW DELHI: On Wednesday, the Supreme Court expunged remarks made by Punjab and Haryana High Court judge Justice Rajbir Sehrawat, who had criticized the top court for staying proceedings in a contempt of court case.

The decision was rendered by a 5-judge bench, including Chief Justice of India (CJI) DY Chandrachud and Justices Sanjiv Khanna, BR Gavai, Surya Kant, and Hrishikesh Roy.

The bench expressed grave concern over Justice Sehrawat’s comments, emphasizing the binding nature of Supreme Court orders within the legal system. The court stated,

“We are of the view that the gratuitous observations by the single judge were absolutely unnecessary and unwarranted. Compliance with Supreme Court direction is not a matter of choice but a matter of binding legal system which oversees the process of judicial adjudication in the country.”

The court underscored that while parties may be aggrieved by an order, a judge should never be aggrieved by a higher appellate forum.

“This court was constrained to take suo motu notice of the July 17 order in view of the fact that such orders intend to bring the entire judicial machinery into disrepute and it also lowers the dignity of the High Court as well. Such observations were wholly unnecessary,”

-the court remarked.

Furthermore, the court called for greater caution from judges when dealing with Supreme Court’s orders and those passed by division benches. It highlighted that individual judges’ agreement with the merits of superior court orders is irrelevant.

This action follows the Supreme Court’s initiation of a suo motu case concerning Justice Sehrawat’s comments on the consequences of stay orders by the top court. At the beginning of the hearing, CJI Chandrachud expressed the court’s distress over Justice Sehrawat’s remarks.

“We are pained by the observations made by the single judge of the Punjab and Haryana High Court while dealing with a contempt case,”

-said Justice Chandrachud.

The court also referenced a viral video in which Justice Sehrawat called a Division Bench’s order a “rubbish order.” Solicitor General Tushar Mehta noted that the judge had even declared a Supreme Court order to be non-existent, terming the situation as aggravated contempt and a case of judicial indiscipline.

Mehta elaborated,

“He (the judge) also said in the video that judges should be sent for judicial training and sometimes expressions speak much more. So the court must decide whether suo motu should look into only the observations or the video also which is judicial indiscipline or judicial impropriety and is thus contemptuous. A common man is watching the video as well.”

During the hearing, CJI Chandrachud addressed the tendency of High Courts to comment on Supreme Court orders, stating,

“We are informed that a High Court division bench headed by CJ has stayed the single judge order. We are not on a particular judge, but this tendency to make gratuitous remarks on the Supreme Court… this discipline of hierarchy has to be maintained and the discipline of the system has to be maintained.”

The Supreme Court decided to expunge Justice Sehrawat’s remarks, emphasizing the need to maintain the majesty of the High Court.

“Thus we will expunge the remarks of the judge and express that observations in the order are scandalous. The SC must also use its powers with great caution and the remedy by us should not cause greater judicial harm,”

-CJI Chandrachud stated.

Attorney General for India R Venkataramani also supported the intervention, deeming Justice Sehrawat’s transgression unwarranted.

“I have read the proceedings and it deserves intervention by the Supreme Court. There are dimensions on which the HC judge should not have gone into and there is a transgression which was unwarranted,”

-the AG said.

Justice Sehrawat’s contentious remarks, made on July 17, suggested that the Supreme Court had no role concerning contempt proceedings related to a High Court order.

Days after these remarks, the High Court’s Registrar General, acting on the Chief Justice’s orders, reassigned the hearing of contempt matters to Justice Harkesh Manuja.

Click Here to Read Previous Reports on CJI

Click Here to Read Previous Reports on Justice Rajbir Sehrawat

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