Supreme Court takes suo motu cognizance over Punjab & Haryana High Court order criticizing the top court for staying the contempt proceeding of the HC

On August 06, 2024, the Supreme Court (SC) of India took suo motu cognizance of an unusual order passed by the Punjab & Haryana High Court (HC) criticizing the top court for staying the contempt proceeding of the HC. The suo motu case titled, “In Re: Order of Punjab and Haryana High Court Order Dated 17.07.2024 and Ancillary Issues” was registered yesterday (August 06) and the case will be heard today by a five-judge bench of the SC constituting Chief Justice of India DY Chandrachud, Justice Sanjiv Khanna, Justice Hrishikesh Roy, Justice BR Gavai, and Justice Surya Kant. This suo motu case was registered over the July 17 order of the Punjab & Haryana HC that contained several critical observations against the top court’s order staying the contempt proceeding initiated by the HC. 

Justice Rajbir Sehrawat, in an order passed on July 17, said, “The Supreme Court has no role in this aspect except in an appeal against the order of a Division Bench of High Court convicting a contemner. As per the provisions of the Act, even an appeal does not lie before the Supreme Court against an order passed by a single-bench, rather it lies before the Division Bench of the High Court, and even there, the powers of the appellate court are well defined, in terms of stage of appeal and in terms of the nature of order which the appellate Court could pass.” Further, he observed, “Seen at a psychological plane this type of order is actuated, primarily, by two factors, firstly a tendency to avoid owning responsibility of the consequence which such an order, in all likelihood, is bound to produce, under a pretense that an order of stay of contempt proceedings does not adversely affect anybody, and secondly, a tendency to presume the Supreme Court to be more 'Supreme' than it actually is and to presume a High Court to be lesser 'High' than it constitutionally is.”

Moreover, Justice Sehrawat also commented on the powers of the SC and HC stating that the top court itself has clarified several times that the HC is not subordinate to the SC. He said, “Therefore, the relation between High Court and the Supreme Court is not the same as is the elation between a Civil Judge (Junior Division) within its jurisdiction and the High Court. In terms of Articles 132 to 134 of the Constitution of India, the Supreme Court is not even an ordinary Court of unconditional appeal, unless there is a specific statute providing for appeal from the orders of the High Court to the Supreme Court in specified matters.” Apart from this, the HC in its order, referred to the SC rules suggested for the designation of advocates as Senior Advocates and said, “Even for adopting the rules suggested by the Supreme Court for designation of Advocates as Senior Advocates wherein the procedure of voting in Full Court, as prescribed in the rules; is akin to the one generally prescribed by the State Political Executive for Elections of the Chairman and the Presidents of Municipal Bodies and which is intended to breed servility amongst them by ensuring identification of dissidents so as to put them under threat of impending reprisal, and all such directions have been followed by the High Courts without any murmur, the High Courts may still follow any type of directions coming from the Supreme Court, sometimes out of perceived coercion, sometimes out of due regard for such order, and at some other times for the sake of institutional majesty…” 

The High Court further highlighted the ‘drastic and damaging consequences’ of such stay raiders in contempt proceedings. It said, “However, how much drastic and damaging consequences such an order of stay of contempt proceedings can produce, may not have occurred to the Supreme Court in its most wide imaginations.” The HC added, “This Court has come across several such cases, but is specifically mentioning one such case; where the order qua stay of contempt proceedings passed…has resulted in depriving about 35% strength of Punjab and Haryana Superior Judiciary of their Selection Grade and the Super Time Scale for the past several years. No doubt, the Supreme Court would never have intended such drastic consequences, however, this has actually happened because the Punjab and Haryana High Court, on administrative side, has interpreted this order as a de facto order staying the  final order passed by the Division Bench of this Court on judicial side, and has decided not to grant the above said Scales to the judicial officers till the SLP is finally decided by the Supreme Court.”

Furthermore, the HC questioned, “Who is responsible for this plight of judicial officer manning the Superior Judiciary of State of Punjab and State of Haryana. Is it the High Court or is it the Supreme Court? A soul searching on this aspect by the High Court and the Supreme Court may surprise both of them equally.” The judge added, “However, this, in humble opinion of this Court should sound a note of caution even for the Hon'ble Supreme Court to be more specific in causing legal consequences through its order.” Concluding its order, the HC said, “keeping in view the sanctity of the judicial process, this Court feels to be absolutely bound by the order and hence, the case is adjourned sine die till the aforesaid SLP is decided by Hon'ble the Supreme Court. But this may not be always possible for a High Court to follow such a course in view of particular facts and circumstances embedded in a particular case or because of involvement of some statutory provisions. That would be an unfortunate situation, which would better be avoided.”