NEW DELHI: In an unusual move, the Punjab and Haryana High Court has criticised a stay order issued by the Supreme Court, leading the top court to take suo motu cognisance of the matter.The SC on Tuesday formed a special five-judge Constitution bench to address the issue, with a hearing scheduled for August 7.The case titled ‘In Re: Order of Punjab and Haryana High Court Order of July 17, 2024 and Ancillary Issues’ will be heard by a bench led by CJI DY Chandrachud and Justices Sanjiv Khanna, B R Gavai, Surya Kant, and Hrishikesh Roy.This comes after the Punjab and Haryana High Court’s single-judge bench, led by Justice Rajbir Sehrawat, disapproved of the SC’s approach in a July 17 order. Justice Sehrawat had criticised the top court for “presuming itself to be more ‘supreme’ than it actually is and the High Court to be less ‘high’ than it constitutionally is.” Justice Sehrawat also raised questions about the relationship between the SC and HCs in India’s judicial system. He criticised the Supreme Court for issuing a stay order in contempt proceedings initiated by the High Court and questioned its authority to interfere in such matters. Justice Sehrawat further remarked, “Seen from a psychological perspective, this type of order is actuated primarily by two factors: firstly, a tendency to avoid owning responsibility for the consequences such an order is likely to produce, under the pretense that a stay of contempt proceedings does not adversely affect anyone; and secondly, a tendency to presume the Supreme Court to be more ‘Supreme’ than it actually is, and to consider a High Court to be less ‘High’ than it constitutionally is.”
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