From Our Bureau
NEW DELHI: No court in India can pass an order against a superior court order. It is against constitutional philosophy, said the Supreme Court on Monday coming down heavily on Gujarat High Court in a matter related to a petition by a rape survivor, seeking permission to terminate her pregnancy. The Supreme Court’s strong remarks came after the High Court passed an order on Saturday, even after the Supreme Court listed the matter for Monday. The High Court had refused relief to the petitioner, but the Supreme Court allowed the termination of her pregnancy.
“What is happening in Gujarat High Court?” the Supreme Court bench of Justice B V Nagarathna and Justice Ujjal Bhuyan said after it was informed of an order by the High Court on Saturday.
Solicitor General Tushar Mehta, who was representing the Gujarat government, said Saturday’s order was passed only to fix a “clerical error”. “There was a clerical error in the previous order and that was fixed on Saturday. It was a misunderstanding,” he said, adding, “We as the state government will request the judge to recall the order.”
The Supreme Court on Monday permitted a 27-week pregnant woman from Gujarat to undergo a medical termination of her pregnancy, who was subjected to rape on a false pretext of marriage.
The bench granted the relief sought by the survivor, who worked as a domestic help and asked her to present herself in hospital this day or Tuesday at 9 a.m. for medical procedure.
It said in case, fetus is found alive, the hospital will provide all facilities, including incubation to ensure that it survives. Further, it asked the Gujarat government to take all steps to ensure that the child is adopted in accordance with law.
In a special sitting convened on August 19, the Supreme Court had voiced its concern over the long adjournment given by the Gujarat High Court on survivor’s plea.
“Strangely, the High Court listed the case 12 days later (after receiving the medical report) on August 23, losing sight of the fact that every day of delay was crucial and held great significance,” recorded the top court in its order passed on Saturday.
The Supreme Court attention was drawn to this matter after a special leave petition was filed challenging the decision taken by the Gujarat High Court on August 17.
In its impugned order, the High Court had declined to grant legal permission seeking termination of the 26-week-old pregnancy of the petitioner.
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