NEW DELHI: The Gujarat HC once again came under criticism from the Supreme Court for passing an order to “counterblast” the order of the apex court that had disapproved of the HC’s lackadaisical approach in dealing with the plea of a 25-year-old woman for medical termination of pregnancy.
A bench of Justices B V Nagarathna and Ujjal Bhuyan, which had on Saturday passed observation against the HC for causing delay in deciding the abortion plea and dismissing it without uploading the order, expressed displeasure with the Gujarat HC when it was informed that the HC had passed a reasoned order on the same day after the hearing in the apex court. “We do not appreciate the high court’s counterblast to the Supreme Court’s orders,” the bench said.
SC blasts Guj HC, says no court in India can pass an order like this
“What is happening in the high court of Gujarat? Do judges reply like this to a superior court’s order? We do not appreciate this. These kinds of attempts are being made by high court judges to circumvent something we have said. There is no need for any judge of the high court to justify its order,” the bench asked the Gujarat high court.
The court expressed surprise on how the HC can pass order in a case that has already been disposed of, and that too, without giving notice to the party. “No court in India can pass an order like this on a Saturday against a superior court order. …There was no need for the high court to justify,” the bench said.
Solicitor General Tushar Mehta, appearing for the state government, submitted that there was some misunderstanding due to which the order was passed by the judge and pleaded the court not to pass any observation against him. The bench said it was not passing observation against the judge but the way in which the matter has been dealt with. “No judge can pass an order as a counterblast to our order. This appears to be that,” the bench said. The court, thereafter, took note of the fresh medical report of the petitioner which favoured termination and allowed her to undergo abortion. Allowing her plea, the bench said pregnancy outside marriage, particularly after sexual assault, is injurious to the mental health of a woman
During a special hearing on Saturday, the bench had pulled up the HC for not urgently deciding on the abortion plea of the 26-week pregnant woman and posting the hearing 12 days after getting a medical report which favoured termination. It had directed that the medical exam be done once again as the pregnancy was more than 27 weeks.