State of Uttar Pradesh vs Association of Retired Supreme Court and High Court Judges at Allahabad

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 10

D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
State of Uttar Pradesh – Appellant
Versus
Association of Retired Supreme Court and High Court Judges at Allahabad – Respondent

Advocates:
Advocate Appeared:
For the Petitioner(s): Mr. Tushar Mehta, Solicitor General Mr. K.m. Nataraj, A.S.G. Mr. Sharan Dev Singh Thakur, A.A.G. Ms. Ruchira Goel, AOR Mr. Siddharth Thakur, Adv. Mr. Adit J. Shah, Adv. Mr. Mustafa Sajjad, Adv. Ms. Keerti Jaya, Adv. Mr. Prem Prakash, AOR Ms. Deepali Nanda, Adv.
For the Respondent(s): Mr. Nishit Agrawal, AOR Ms. Kanishka Mittal, Adv. Ms. Vanya Agrawal, Adv. Mr. K M Nataraj, A.S.G. Mr. Vatsal Joshi, Adv. Mr. Shlok Chandra, Adv. Mr. Akshit Pradhan, Adv. Mr. Raghav Sharma, Adv. Mr. Arvind Kumar Sharma, AOR Mr. Raj Bahadur Yadav, AOR Mr. K M Natraj, A.S.G. Mr. Vatsal Joshi, Adv. Mr. Akshit Pradhan, Adv. Mr. Shlok Chandra, Adv. Mr. Raghav Sharma, Adv. Mrs. Sunita Sharma, Adv. Mr. Gaurav Agrawal, AOR Ms. Preetika Dwivedi, AOR Mr. Abhisek Mohanty, Adv.

JUDGMENT :

Dhananjaya Y. Chandrachud, CJI.

Table of Contents
I.	Factual Background
II.	The High Court did not have the power to direct the notification of the Rules proposed by the Chief Justice
III.	Criminal Contempt cannot be initiated against a party for availing legal remedies and raising a legal challenge to an order
IV.	Summoning of Government Officials before Courts

1. Leave granted.

2. The present appeals arise from two orders of the Division Bench of the High Court of Judicature at Allahabad,¹[“High Court”] dated 4 April 2023 and 19 April 2023.,²[“Impugned Orders”] The Impugned Orders have given rise to significant questions about the separation of powers, the exercise of criminal contempt jurisdiction, and the practice of frequently summoning government officials to court.

3. By its order dated 4 April 2023,³[“First Impugned Order”] the High Court directed the Government of Uttar Pradesh to inter alia notify rules proposed by the Chief Justice of the High Court pertaining to ‘Domestic Help to Former Chief Justices and Former Judges of t

Click Here to Read the rest of this document

2024 Supreme(SC) 10

D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRAState of Uttar Pradesh – AppellantVersusAssociation of Retired Supreme Court and High Court Judges at Allahabad – Respondent

Cases Referred (5)

D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
State of Uttar Pradesh – Appellant
Versus
Association of Retired Supreme Court and High Court Judges at Allahabad – Respondent