TMI Blog1994 (12) TMI 332X X X X Extracts X X X X X X X X Extracts X X X X ..... s passed in some C.M.P.s in O.S.A. Nos.69-73 of 1993. These are at the instance of the first and the second defendant in the original suit filed by the plaintiff- first respondent, pending before a learned Single Judge of the High Court, in which in intra-court appellate jurisdiction the petitioners have been subjected to certain interim orders of significance by the Division Bench. This Court on 10-9-1993 ordered issuance of notice in the special leave petitions as also on the application for stay returnable within four weeks. On response, and consideration of the counter-affidavits filed by the respondents and rejoinder affidavits by the petitioners, we had on 14-1 - 1994 passed the following Order: Let the matter stand by three mont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of India Mr. Dipankar P. Gupta,besides that of Mr. K. Parasaran, Senior Advocate, the Ex-Attorney General of India, representing one of the parties instantly, and Shri G.L. Sanghi, Senior Advocate appearing for the other parties, as to what step need we take in respect of the Hon'ble but erring Judges of the High Court. Conceivably our action has parameters ranging between total apathy and punishment for contempt after initiating contempt proceeding. They have, in all seriousness, in one voice, advised us to show at this juncture judicial statesmanship, and let the present order go on record more as a reminder and a message, traveling far and wide, less as a warning, solely to uphold and preserve the independence and majesty of the Supr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tigation or punishment of any contempt of itself. Article 144: CIVIL AND JUDICIAL AUTHORI- TIES TO ACT IN AID OF THE SUPREME COURT. - All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court. 6. Ex facie courtesy is the blend of our order of January 14, 1994. Outwardly it is neither commanding in nature nor explicitly in terms of a direction. Such is not the sheen and tone of our order, meant as it was, for a high constitutional institution, being. the High Court. It comes from another high constitutional institution (this Court ) hierarchically superior in the corrective ladder. When one superior speaks to another it is always in language sweet, soft and melodious; more suggestiv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... utional authorities and institutions. One needs only to be aware of this thought with which the Constitution is soaked. 10. Recently, on a lesser aberration, this Court in M/s. Bayer India Ltd. and others v. State of Maharashtra and others [1993(3) SCC 29] had occasion to strike a sad note in the following words: 5. We are saddened to notice that in spite of the Court's request contained in this order dated February 6, 1991, the High Court has not disposed of the review petition till now. The High Court was requested to dispose of the said writ petition within four months from the date of the said order and, at any rate, by September 30, 1991. It is more than two years since the order was made. While we certainly respect the in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated words, we think, presently, are enough to assert the singular constitutional role of this Court, and correspondingly of the assisting role of all authorities, civil or judicial, in the territory of India, towards it, who are mandated by the Constitution to act in aid of this Court. That the High Court is one such judicial authority covered under Article 144 of the Constitution is beyond question. The order dated 14-1-1994 of this Court was indeed a judicial order and otherwise enforceable throughout the territory of India under Article 142 of the Constitution. The High Court was bound to come in aid of this Court when it required the High Court to have its order worked out. The language of request oftenly employed by this Court in such ..... X X X X Extracts X X X X X X X X Extracts X X X X
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