Coming down heavily on the Gujarat High Court, the Supreme Court on Monday said no court in the country can pass an order against a superior one and doing this is “against constitutional philosophy.”
The apex court was referring to a petition filed by a rape survivor, asking permission to terminate her pregnancy.
Even though, this particular matter was listed in the Supreme Court today, the Gujarat High Court passed an order on it Saturday.
“What is happening in Gujarat High Court,” the apex court bench of Justice B V Nagarathna and Justice Ujjal Bhuyan said, adding that “no court in India can pass an order against a superior court order.”
This comes as Solicitor General Tushar Mehta, who was representing the Gujarat government, said that the order was passed to fix a clerical error. Mehta said there was a clerical error in the previous order and a new one was taken out to fix it.
Before this, the supreme court had on Saturday flagged the high court’s delay in announcing an order on the rape survivor’s petition.
The top court had also issued notices to the Gujarat government among others seeking a response to the woman’s plea. The Supreme court also noted that the matter was such that every day’s delay was crucial and of great significance.
In such cases, the SC adds, there must be “at least a sense of urgency and not a lackadaisical attitude of treating it as any normal case.”
“We are sorry to say and make this remark,” the bench added.
Amid this, it announced its verdict and allowed the rape victim from Gujarat to terminate her pregnancy.
It observed that in the Indian society, within the institution of marriage, pregnancy is a source of joy for a couple and society. However, outside marriage, it has effects on the mental health of a woman when it is unwanted.
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