New Delhi: Coming down heavily on Gujarat High Court, the Supreme Court said today that no lower court can pass any order against a superior court’s ruling as this is against the constitutional philosophy. The matter pertains to a petition filed by a rape survivor, seeking permission for termination of her pregnancy.
“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”, said the Supreme Court bench comprising of Justice BV Nagarathna and Justice Ujjal Bhuyan.
The Supre Court strongly remarked that the order passed by Gujarat High Court on Saturday is unconstitutional as the matter was listed to be heard today. The high court has refused relief to the petitioner while Supreme Court has allowed the termination of pregnancy.
Solicitor General Tushar Mehta who was representing Gujarat government said that Saturday’s order was passed only to fix a clerical error after Supreme Court on Saturday flagged the delay by the high court in deciding the rape survivor’s petition, saying valuable time has been lost.
The bench of Justice Nagarathna and Justice Bhuyan criticized the ‘lackadaisical attitude’ of the high court. The 25-year-old’s counsel told the Supreme Court that she approached the court on August 7 and the matter was heard the next day. The High Court directed a medical bord constitution on August 8 to look into the status of petitioner’s pregnancy and her health condition which submitted its report on August 10.
The Supreme Court noted that the report was taken on record by High Court on August 11 and the petition was rejected on August 17 without giving any reasons.