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  • Supreme Court Authority - The Supreme Court cannot act as a recovery agent or engage in criminalising civil disputes. Its role is primarily judicial, ensuring adherence to legal principles rather than enforcement actions outside its judicial function. The Court emphasizes that it cannot create or impose criminal penalties in civil matters, as highlighted in the case Thornburgh v. American College of Obstetricians and Gynecologists, where the Court clarified its limited scope concerning penal provisions Joseph Shine VS Union of India - Supreme Court.

  • Discipline and Judicial Procedure - The Court also notes that a bench disagreeing with a decision of a larger or coequal bench must refer the matter to a larger bench rather than acting unilaterally. This underscores the importance of maintaining judicial discipline and proper procedural hierarchy within the Court system Joseph Shine VS Union of India - Supreme Court.

  • Analysis and Conclusion - The overarching principle is that the judiciary, including the Supreme Court, must refrain from overreach into enforcement roles typically reserved for other branches or agencies. Criminalising civil disputes or acting as recovery agents undermines the separation of powers and judicial integrity. Courts should focus on adjudication within their constitutional mandate, avoiding actions that could be construed as criminal enforcement outside their jurisdiction Joseph Shine VS Union of India - Supreme Court.

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