In a special hearing, CJI-led Bench erases HC judge’s comments challenging SC’s ‘superiority’ 

Chief Justice Chandrachud leads special sitting to expunge High Court judge's remarks challenging Supreme Court's position.

A Bench led by Chief Justice of India D.Y. Chandrachud and four senior-most judges of the apex court held a special sitting on Wednesday to expunge the remarks made by a High Court judge challenging the Supreme Court’s position at the top of the judicial hierarchy.

A video capturing the comments by Justice Rajbir Sehrawat of the Punjab and Haryana High Court, in court, was widely circulated on social media, compelling the Chief Justice of India to urge judges to exercise restraint and responsibility while making observations in the course of court proceedings.

The Chief Justice said livestreaming of court sessions was meant to provide citizens access to judicial proceedings, and not for judges to make unwarranted observations, lowering the dignity of the judicial system.

Chief Justice Chandrachud said the apex court had been pained by the observations made by Justice Sehrawat and had decided to take suo motu cognisance of them. The other judges on the Bench were Justices Sanjiv Khanna, B.R. Gavai, Surya Kant, and Hrishikesh Roy.

Although Attorney General R. Venkataramani and Solicitor General Tushar Mehta termed Justice Sehrawat’s observations as “serious transgressions” on judicial discipline, and even “aggravated contempt” of the Supreme Court, the Chief Justice-led Bench decided in favour of restraint.

The Chief Justice said that unlike aberrations such as this, an overwhelming majority of High Court judges worked with greater responsibility and restraint despite the huge workload.

The CJI said his Bench did not want to inadvertently harm the majesty of the High Courts, especially the Punjab and Haryana High Court, by making any comments or issuing notice in this case. Besides, a Division Bench headed by the Punjab and Haryana Chief Justice had already stayed Justice Sehrawat’s controversial order of July 17.