9 months ago

Supreme Court Raps Gujarat High Court for Passing Order Against Superior Court

Supreme Court  (symbolic picture)
Supreme Court (symbolic picture)


New Delhi (August 21,2023) : The Supreme Court on Monday came down heavily on the Gujarat High Court for passing an order against a superior court's ruling. The apex court was hearing a petition by a rape survivor, who sought permission to terminate her 26-week pregnancy.

The Gujarat High Court had earlier granted permission to the woman to terminate her pregnancy, but later passed an order staying its own order. The Supreme Court said that the Gujarat High Court's order was "unfortunate" and "against the constitutional philosophy". The bench of Justices B V Nagarathna and Ujjal Bhuyan said that no court can pass an order against a superior court's ruling. "It is against the basic structure of the Constitution," the bench said.

The Supreme Court also said that the Gujarat High Court should have recalled its earlier order instead of staying it. The apex court has now directed the Gujarat High Court to hear the matter again and pass an order in accordance with the law. The Supreme Court's strong remarks against the Gujarat High Court are significant as they send a message to all lower courts that they cannot pass orders that are against the rulings of superior courts.

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