Legal Blog: Maintain Judicial Discipline : Supreme Court to High Courts

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Monday, November 29, 2010

Maintain Judicial Discipline : Supreme Court to High Courts

Source : Indlaw.com

The Supreme Court has issued stern warning to the High Courts in the country not to try to override its orders. 

A bench, comprising Justices Markandey Katju and Gyan Sudha Misra, taking serious note of the increasing incidents of the High Courts violating the principle of judicial discipline has said, 'Judicial discipline requires that the High Courts should not try to override orders passed by this court.' 'Such defiant attitude of the High Courts will not be tolerated by this court.' The apex court has sought an explanation from the Madras High Court asking how and why stay order was granted by it despite the apex court order dated May 14, 2010 vide which the petition of the petitioner was dismissed. 

It also issued contempt of court notice to the commissioner, corporation of Chennai holding that the commissioner was hand-in-gloves with the petitioner and it is for this reason that he passed the collusive and contemptuous order dated June 18, 2010 that the suit premises need not to be demolished, just to get over the orders of the Supreme Court. 

The apex court has directed an immediate eviction of the tenant D M Belgamvala saying that if anyone tries to obstruct this order he will definitely be sent to jail. 

The court has ordered the eviction of the tenant since the building was 100-year-old and needed demolition. The tenant, however, got an order from the Chennai corporation commissioner, revoking his earlier order saying that building need not be demolished. 

The High Court stayed the eviction despite the Supreme court order vide which eviction had already been ordered.

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