JOIN USA Bench of Justices comprising Markandeya Katju and Gyan Sudha Mishra in an order decried the practice of high courts frequently summoning top officials for non-compliance of its directions and said such a course should be resorted to only in extreme cases.
“Judges should not have any ego problems. In particular, members of the higher judiciary (HC and SC) should have great modesty and humility. This is because the higher one moves in the hierarchy the greater become his powers.
“Hence, unless one has modesty and humility, he may play havoc. High Court Judges have tremendous powers, but the beauty lies in not exercising those powers except where absolutely necessary. Flaunting these powers unnecessarily only brings the judiciary into disrepute,” the Bench said.
The apex Court made the observation while quashing an Allahabad High Court order summoning Principal Secretary, Finance along with the Principal Secretary, Medical & Health, UP Government for alleged non compliance of its directions in a case filed by the U P Malaria Nirikshak Sangh.
“The system functions on mutual respect between the judiciary and the executive. While the judiciary must respect the executive, at the same time, the executive must also respect the judiciary. If we do not respect each other, the system will collapse,” the Bench said.