Today, On 6th August, Justice Abhay Oka expressed that he faced challenges as a High Court judge due to the Supreme Court’s directives for expedited case resolutions. Historically, the Supreme Court has emphasized that High Courts are constitutional courts, maintaining their independence and not being subordinate to the Supreme Court.
New Delhi: Supreme Court judge Justice Abhay S. Oka shared on Tuesday how he was impacted by orders from the apex court during his tenure as a Bombay High Court judge.
A Bench comprising Justices Oka and Augustine George Masih hearing a plea against an adjournment by the Delhi High Court in a bail matter related to a money laundering case. The accused had approached the Supreme Court seeking directives for the High Court to expedite the case.
Justice Oka expressed his concerns over such a request, saying,
“How can we direct the High Court to hear (and dispose of) on a particular date itself? Every day they will be having so many anticipatory bail applications also.”
Justice Abhay S. Oka explained his opposition to the Supreme Court issuing directives for speedy case disposal, stating,
“I have suffered due to orders of the Supreme Court as a High Court judge, when I could not hear and dispose of matters the same day (as directed).”
These remarks made during the hearing of a petition by Hyderabad-based businessman Arun Ramachandran Pillai, an accused in the Delhi Excise Policy case. Pillai is alleged to be part of the ‘South Group’ that bribed Aam Aadmi Party leaders to alter the liquor policy in their favour.
Justice Oka declined to order the High Court to expedite the case, leading to the petition’s dismissal as withdrawn. The adjournment order from the Delhi High Court issued by Justice Neena Bansal Krishna on August 1.
Justice Krishna recently denied bail and refused to quash the arrest of Delhi Chief Minister Arvind Kejriwal in connection with the Excise Policy case.
Recently, the Supreme Court reiterated that it cannot compel High Courts to take up cases within a specific timeframe. A Bench comprising Justices Vikram Nath and Prasanna B Varale clarified that High Courts are not subordinate to the apex court.
In February 2023, the Supreme Court emphasized that High Courts are also constitutional courts and should not be regarded as subordinate to the Supreme Court. A year prior, it was established that High Courts do not operate under the administrative supervision of the Supreme Court.