“Can’t Pass Order Against Superior Court…”: Supreme Court Raps High Court

Coming down heavily on Gujarat High Court, the Supreme Court today said any court passing an order against a superior court’s ruling is against constitutional philosophy.

The matter relates to a petition by a rape survivor, seeking permission to terminate her pregnancy. The Supreme Court’s strong remarks came after the high court passed an order on Saturday, even after the Supreme Court listed the matter for today.

“What is happening in Gujarat High Court? No court in India can pass an order against a superior court order. It is against constitutional philosophy,” the bench of Justice B V Nagarathna and Justice Ujjal Bhuyan said.

Solicitor General Tushar Mehta, who was representing the Gujarat government, said the Saturday’s order was passed only to fix a “clerical error”. “There was a clerical error in the previous order and that was fixed on Saturday. It was a misunderstanding,” he said, adding, “We as the state government will request the judge to recall the order.”