A five-judge Bench of Chief Justice of India (CJI) DY Chandrachud and Justices Sanjiv Khanna, BR Gavai, Surya Kant and Hrishikesh Roy said the observations made by Justice Sehrawat were a matter of great concern and ought to be eschewed.
Compliance with Supreme Court order is not a matter of choice bur a matter of binding legal system, the apex court underscored.
“We are of the view that the gratuitous observations by the single judge was absolutely unnecessary and unwarranted. 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,” the Court said.
It added that parties may be aggrieved by an order, but judge can 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 entire judicial machinery to disrepute and it also lowers dignity of the High Court as well and such observations were wholly unnecessary,” the Court said
Source: Barandbench
