'What is happening in Gujarat HC?'

NT Bureau, Agencies

New Delhi: The Supreme Court on Monday took strong exception to an order passed by the Gujarat High Court which appeared to be a “counterblast” order in response to the top court’s special hearing of a pregnancy termination plea filed by a rape survivor [XYZ vs State of Gujarat].

A SC bench of Justices BV Nagarathna and Ujjal Bhuyan allowed the abortion plea after a medical examination of the survivor indicated she was medically fit for the procedure.

A single-judge of the Gujarat High Court had earlier rejected the plea on August 17 prompting the survivor to move the Supreme Court with an appeal, which was heard urgently by the top court on Saturday.

The Court had then called for a medical report. However, when the matter was taken up on Monday, the top court was informed that the High Court, which too was working on Saturday, passed an order after the Supreme Court hearing.

By this order, the High Court rejected the plea for abortion along with reasons for the same. The development drew harsh oral remarks from the Supreme Court bench.

“Are you supporting this? We do not appreciate the High Court passing an order as a counterblast to our order. Thank you for bringing it to our notice, but are you supporting? What is happening in Gujarat High Court?” Justice Nagarathna asked the counsel.

“In a disposed of matter, it (High Court) passed again? How?” Justice Bhuyan asked.

“No court can pass an order like this on a Saturday against a superior court order. Without giving notice to the other side,” Justice Nagarathna added.