Justice Nagarathna wondered why the Gujarat High Court had to convene a suo motu hearing in a case a special Bench had already dismissed, that too, shortly after the Supreme Court had heard it in appeal.
New Delhi: 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 Supreme Court on Monday expressed strong displeasure at the Gujarat High Court’s “counterblast” to its criticism about the manner in which a 25-year-old rape survivor’s plea for abortion was handled by the High Court. on August 8 directed that a medical board be formed to look into the status of the petitioner’s pregnancy and her health condition.
A bench of Justices BV Nagarathna and Ujjal Bhuyan said that the Gujarat High Court has wasted a lot of time by adjourning the case multiple times.
He said the high court had on August 8 issued a direction for the constitution of a medical board to ascertain the status of pregnancy as well as the health status of the petitioner. The report was submitted on August 10 by the medical college where she was examined.
The top court noted that the report was taken on record by the high court on August 11 but “strangely”, the matter was listed 12 days later i.e. on August 23 “losing sight of the fact that every day’s delay was crucial and of great significance having regard to the facts and circumstances of the case”.
The top court noted that the report was taken on record by the high court on August 11 but “strangely”,
