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.
この記事は Hindustan Times の August 22, 2023 版に掲載されています。
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この記事は Hindustan Times の August 22, 2023 版に掲載されています。
7 日間の Magzter GOLD 無料トライアルを開始して、何千もの厳選されたプレミアム ストーリー、9,000 以上の雑誌や新聞にアクセスしてください。
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