2024 (8) TMI 1559 - HC - Indian Laws

Suo-motu cognizance has been taken by this Court in respect of the orders passed by the learned Single Judge where certain comments have been made lowering the majesty and dignity of Apex Court - HELD THAT - This Court is conscious of its limited powers under the appeal but considering the decision of Apex Court in Midnapore Peoples Coop. Bank Ltd. and others Vs Chunilal Nanda and others 2006 (5) TMI 537 - SUPREME COURT wherein it has been held in categorical terms that where the learned Single Judge passes an order which is though not appealable before the Division Bench but while doing so exceeds the power and jurisdiction which the learned Single Judge exercises an appeal can very well be entertained. In view of the above and to prevent any further damage to the reputation and majesty of the rule of law and the Supreme Court and also of this Court the impugned order dated 17.07.2024 passed by the learned Single Judge in COCP-87-2022 shall remain stayed till the next date of hearing. List on 22.08.2024.

Summary

The Punjab and Haryana High Court suo-motu took cognizance of the Single Judge's order dated 17.07.2024 in COCP-87-2022, which contained comments diminishing the "majesty and dignity of Apex Court." Citing the Supreme Court's ruling in Midnapore Peoples' Coop. Bank Ltd. v. Chunilal Nanda, (2006) 5 SCC 399, the High Court emphasized that although certain Single Judge orders in contempt proceedings are not ordinarily appealable, an appeal is permissible if the Single Judge "exceeds the power and jurisdiction" vested in them. The Court quoted: "If the High Court... makes any direction relating to the merits... in a contempt proceeding, the aggrieved person is not without remedy." To safeguard the "reputation and majesty of the rule of law and the Supreme Court," the impugned order was stayed pending further hearing, which was scheduled for 22.08.2024.