High Court must exercise restraint when plea pending before top court: Supreme Court

New Delhi: The Supreme Court has taken an exception to the Kerala High Court's order which modified conditions of anticipatory bail of an accused, when a plea challenging such a relief was pending before it, saying this is contrary to the principles of judicial propriety and comity.

A bench of Justices J K Maheshwari and Vipul M Pancholi said, when the Supreme Court is considering a challenge to the order for grant of anticipatory bail, the High Court cannot modify its decision on miscellaneous applications filed by the accused.

The bench said the proper administration of justice demands that when an order passed by the High Court is under challenge and notice has been issued by this court, thereafter, if any application is filed for modification of the said order, the High Court must exercise restraint, as far as practicable, in passing any orders which can possibly have the effect of circumventing, prejudicing, or rendering infructuous the proceedings pending before this court.

The court stayed the High Court's order, which ordered release of passport of accused Anitha R Nair and the permission granted by the High Court to travel Singapore.

Expressing "grave displeasure" with the conduct of the accused, the bench said, "In our view, the orders passed by the High Court modifying the order which is under challenge before this court, during the pendency of this special leave petition, is contrary to the judicial propriety and discipline which is expected from the High Court.''

The court also asked the accused to explain why her pre-arrest bail be not cancelled on account of concealment of facts.

"We would like to reserve our views in respect of the conduct of the accused for the time being, while expressing our grave displeasure," the bench said.

The bench directed the accused to immediately surrender her passport and not leave India without the permission of this court.

The court scheduled the matter for consideration on September 26, 2025.

The matter before the court stemmed from an appeal filed by Shreeja D G and others against February 4, 2025 order by the Kerala High Court which granted anticipatory bail to Anitha R Nair.