Supreme Court Criticises Union Government For Approaching CJI To Recall Order Of Another Bench

A Division Bench of the Supreme Court of India severely criticised the Central Government for requesting to the Chief Justice of India to recall an order passed by a two-Judge Bench. This Bench comprises of Justice BV Nagarathna and Justice Hima Kohli.

“When one bench passes an order, without any pleading (filing of an application), how do you approach the 3-judge bench (headed by the CJI),” Justice BV Nagarathna verbally remarked. Justice Nagarathna also said that every bench of the Supreme Court is Supreme Court and added, “We are one court sitting in separate benches. Speaking for myself, I would not appreciate this on the part of Union of India”.

On October 10, the central government approached the Chief Justice of India to “recall” an order passed by the bench, to the termination of a 26-week pregnancy. Justice Hima Kohli mentioned that the Union government could have filed a formal application to urgently re-hear the case instead of making an oral request before the Chief Justice of India. Justice Nagarathna also said that if private parties too begin doing this, court procedures will witness a breakdown. Additional Solicitor General Aishwarya Bhati appeared for the Union government in this matter.

However, the bench passed a split verdict in this matter, and it has now been directed to be listed before a larger bench. While Justice Kohli was not in favour of abortion, Justice Nagarathna stated that the woman’s decision to undergo termination of her pregnancy must be respected.