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Supreme Court judge Justice B.V. Nagarathna on Wednesday came down heavily on the Centre for approaching the Chief Justice of India (CJI) seeking interference of an order passed by another bench without filing an application for the same.
Expressing her displeasure over the Union government orally mentioning before the CJI an application to recall an order passed by a Bench comprising Justice Hima Kohli and herself, Justice Nagarathna said she was ‘disturbed’ and ‘concerned’ by the action.
Noting that if such a precedent was set, it would lead to breakdown of the system of the court, Justice Nagarathna said if the Central government was doing this today, private parties may follow its footsteps.
She asserted that every bench of the Supreme Court was the Supreme Court. It was an integral Court, which was sitting in separate benches.
She asked Additional Solicitor General (ASG) Aishwarya Bhati, appearing from the Centre, why she sought an intervention from the CJI without filing any application or pleadings.
She further asked that when one Bench of this Court had decided a matter, without any pleadings whatsoever, how could the Union of India move an intra court appeal before a three-judge bench of this court as an interference with the order of this court.
Apologising for the turn of events, ASG Bhati explained that she had to urgently mention the matter before the CJI since the court’s order had directed the doctor to carry out the termination of pregnancy yesterday itself.
Justice Kohli then observed that the Union could have moved an application for constitution of a special bench and the matter would have been considered on priority.
Justice Nagarathna said that the Centre could have asked for the constitution of a bench after filing a pleading. Even in the absence of a pleading, it could have gone and moved the CJI.
The ASG said that she was constrained to mention the matter before the CJI as the Bench of Justice Kohli and Justice Nagarathna was not sitting at 4 pm yesterday, when the Centre sought recall of the order.