SC: Coordinate Bench of same strength can't take Contrary View, only Reference to a Larger Bench be made (Read Order)

While pronouncing the judgment that the grant of a default bail as a matter of right will not be deferred by the lockdown restrictions and the extension of limitations, the Supreme Court also made some noticeable remarks in respect to the principles of Judicial Discipline.

The principles of the Judicial discipline came to the light when a single bench of Madras High Court in the case  S Kasi v State through Inspector of Police held that SC’s order of March 23 extending the  limitation will also extend  the time for filing charge sheet  under section 167(2) of the Code of Criminal Procedure. While refuting the aforementioned judgment on merits, the apex court also noted that a single bench of Justice G Jayachandran acted against  the principle of “judicial discipline” as it was against the judgment of another single bench of Justice G R Swaminathan in the case of Settu vs The State wherein it was held that the SC order of extending limitation does not affect right to default bail.

Thus criticizing this approach of HC bench, the SC observed: it is well settled that a coordinate Bench cannot take a contrary view and in event there was any doubt, a coordinate Bench only can refer the matter for consideration by a Larger Bench.  The Judicial   discipline ordains so. It was also observed that a Judge cannot make uncharitable remarks against any judgment. The top court also called into question the observations made by the bench in the case of S Kasi against the previous order. The court observed that a bench may overturn a judgment passed by a bench of lesser strength on the basis of some legal fallacy. However passing uncharitable remarks against the judgment is against judicial discipline.     

The court further observed: “We may further notice that learned Single Judge in the impugned judgment had not only breached the judicial discipline but has also referred to an observation made by learned Single Judge in Settu v/s The State as uncharitable. All Courts including the High Courts and the Supreme Court have to follow a principle of Comity of Courts.  A Bench whether Larger or coordinate, has to refrain from making any uncharitable observation on a decision even though made delivered by a Bench of lesser quorum. A Bench sitting in larger quorum may be right in overturning a judgment on a question of law, which jurisdiction a Judge sitting in a coordinate Bench or a larger Bench has no business to make any adverse comment or uncharitable remark on any other judgment. We strongly disapprove the course adopted by the learned Single Judge in the impugned judgment”.  

Case Details

Before: Supreme Court oF India

Quorum Hon’ble Justices Ashok Bhushan,MR Shah and V Ramasubramanian.

Case Title:  S. Kasi v. State through the Inspector of Police, Madurai District.

Read Order/ Judgement @LatestLaws.com