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High Court vs Supreme Court: The Supreme Court itself has taken cognizance of the decision of the Punjab and Haryana High Court. A bench of five judges will hear the case today i.e. on Wednesday. A bench of CJI DY Chandrachud, Justice Sanjeev Khanna, Justice BR Gavai, Justice Suryakant and Justice Rishikesh Roy will hear the case.
In fact, the Punjab and Haryana High Court in an unusual order had criticized the Supreme Court for staying the contempt proceedings of the High Court. The High Court has said that there is no scope for the Supreme Court to issue directions to the High Court in relation to some proceedings pending in the High Court.
A bench of Justice Rajbir Sehrawat of the Punjab and Haryana High Court said that at a psychological level, such orders are motivated mainly by two reasons. Firstly, there is a tendency to avoid taking responsibility for the consequences of such an order, which possibly arises from the appearance that no one will be adversely affected by the order staying the defamation action. On the other hand, there is a tendency to consider the Supreme Court more 'supreme' than it actually is and the High Court constitutionally less 'supreme' than it is.
The impact of this decision of the Punjab and Haryana High Court was also heard in the Supreme Court. The Supreme Court itself has taken cognizance of this matter and now it is to be heard on Wednesday. This is a unique case in itself. In which the High Court has commented on the Supreme Court and the Supreme Court is hearing it.
