Supreme Court Takes Suo Motu Case Over P&H High Court Order Criticising SC's Stay Order

The Supreme Court has taken suo motu cognizance of an unusual order passed by the Punjab and Haryana High Court criticising a stay order passed by the Top Court.

A 5-judge comprising Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, Surya Kant and Hrishikesh Roy will hear the case tomorrow.

The suo motu case titled "In Re : Order of Punjab and Haryana High Court Order Dated 17.07.2024 and Ancillary Issues" is registered over an order passed by a single bench of the High Court on July 17 which contained several critical observations against the Supreme Court for staying a contempt proceedings initiated by the High Court.

The High Court bench of Justice Rajbir Sehrawat observed that the Supreme Court has the tendency to presume that it has more "Supreme" than it actually is and to presume a High Court to be lesser 'High' than it constitutionally. In the order, the High Court sounded a "note of caution" for the Supreme Court "to be more specific in causing legal consequences through its order".

In January this year, the Supreme Court had taken suo motu stayed a single bench order of the Calcutta High Court which defied a division bench order.  

Case : In Re : Order of Punjab and Haryana High Court Order Dated 17.07.2024 and Ancillary Issues | SMW(c) 8/24