1994 (12) TMI 332 - SC - Income Tax

Summary

Issues:
1. Flouting of Supreme Court's order by High Court judges.
2. Interpretation of constitutional provisions regarding the binding nature of Supreme Court's orders.
3. Judicial discipline and the obligation of High Courts to act in aid of the Supreme Court.

Analysis:

1. The Supreme Court addressed the issue of the High Court judges flouting its order dated January 14, 1994. The Supreme Court expressed grave concern over the disregard of its order by the High Court judges. The Supreme Court sought advice from legal experts on the appropriate course of action, balancing between apathy and contempt proceedings. The legal experts advised the Supreme Court to show judicial statesmanship and uphold the independence and majesty of the Supreme Court.

2. The Supreme Court emphasized the binding nature of its orders on all courts within the territory of India as per Article 141 of the Constitution. It invoked Article 142, which empowers the Supreme Court to pass orders for complete justice, enforceable throughout India. Additionally, Article 144 mandates all civil and judicial authorities in India to act in aid of the Supreme Court. The Supreme Court highlighted the importance of following established norms and traditions in judicial interactions, as reflected in the Bhagavad Gita.

3. The Supreme Court reiterated the obligation of High Courts to act in aid of the Supreme Court and maintain the writ of the Supreme Court throughout the country. The Supreme Court overturned the High Court's order and directed the High Court to expedite the disposal of the pending cases. The Supreme Court emphasized the need for judicial discipline and prompt compliance with its orders. The Supreme Court set a deadline for the High Court to comply with its directive and listed the special leave petitions for further proceedings.

This judgment underscores the hierarchical relationship between the Supreme Court and High Courts, emphasizing the duty of all judicial authorities to uphold the authority and orders of the Supreme Court in the interest of justice and the rule of law.