On Wednesday, a Supreme Court bench comprising Chief Justice D Y Chandrachud and Justices Sanjiv Khanna, B R Gavai, Surya Kant, and Hrishikesh Roy expunged remarks made by Punjab and Haryana High Court Judge Rajbir Sehrawat in his July 17 order. These remarks had questioned the Supreme Court’s authority and wisdom. The bench, while avoiding further damage to the institution’s reputation, chose to issue a caution rather than a formal notice.
The Supreme Court’s decision followed representations from Attorney General R Venkataramani and Solicitor General Tushar Mehta, who argued that Judge Sehrawat’s comments undermined the judiciary’s image. The bench agreed, noting that such observations could significantly harm the judicial process’s integrity.
Despite this, the bench decided against formally notifying Judge Sehrawat, stating that such action could lead to a judicial inquiry that it wished to avoid at this time. The court expressed hope that Judge Sehrawat would exercise greater care in the future. The controversial remarks were officially expunged with the clear expectation that similar intervention would not be necessary in the future for any judge.
Judge Sehrawat, who was appointed to the Punjab and Haryana High Court on July 10, 2017, is set to retire on October 30. The Supreme Court has stayed the effect of his July 17 order until further proceedings, in a bid to protect the Supreme Court’s and the judiciary’s reputation.