Abortion case: SC pulls up Guj HC for its 'counterblast'

An order passed by the Supreme Court cannot be retorted to by any other court in India, the top court said on Monday, taking a grim view of an order passed by the Gujarat high court attempting to justify its rejection of a rape survivor's plea seeking abortion of her foetus of over 27 weeks. The order by the Gujarat high court, was passed hours after the top court held a special sitting on Saturday a holiday, to hear the appeal filed by the rape survivor against the rejection of her request. Even as it called for a fresh medical report to assess the feasibility of a safe abortion, the Saturday order by the Supreme Court recorded its displeasure at the manner in which the high court dealt with the matter.

- Utkarsh Anand

On Monday, a bench of justices BV Nagarathna and Ujjal Bhuyan allowed the termination of pregnancy after the latest medical report said a safe abortion was possible. At the same time, it pulled up the Gujarat high court for passing an order on Saturday in the case, which it said, appeared to be a "counterblast" to the order issued by the Supreme Court.

"We don't appreciate this. We don't appreciate the high court passing an order which is like a counterblast to the order passed by this court. What is happening in the high court of Gujarat? Do judges retort like this to the judges of the superior court?" the bench asked Gujarat government's standing counsel Swati Ghidiyal.

Ghidiyal brought to the notice of the bench an order passed by Gujarat high court judge Samir J Dave on August 19 - hours ter the apex court entertained the appeal against the August 17 order of the same judge rejecting the woman's plea citing the advanced pregnancy of 27 weeks. In the later order, the judge gave reasons as to why he turned down the request of the 25-year-old woman, adding she was duly apprised of the policies prevailing in Gujarat regarding children born out of sexual assault. "Where was the need for the learned single judge to pass this order on August 19 after he had already rejected her plea on August 17? How can the high court take this up suo motu? No court in India can retort to an order passed by the Supreme Court... Judges don't have to justify their orders," said the bench.