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Showing contexts for: judicial discipline in Mansukh Alias Ravji Gorasiya vs The State Of Gujarat on 19 April, 2021Matching Fragments
9. Mr. Maulik Nanavati and Ms. Kruti Shah, learned counsels for the appellants have made the following submissions: i. The learned Single Judge committed error in imposing the condition of furnishing continuing bank guarantee while passing interim order for release of the vehicles as the same was in direct conflict with the judgment of the learned Single Judge dated 26.08.2020 passed in Special Civil Application No.9203 of 2020 inasmuch as 45 days time from the date of seizure had long expired in both the appeals and no written complaint was filed before the Court of Sessions, as such, the learned Single Judge ought to have followed the ratio laid down in the judgment dated 26.08.2020. According to them, the learned Single Judge's did not respect the judicial discipline in not following the earlier judgment dated 26.08.2020.
"26. Judicial discipline is selfdiscipline. It is an inbuilt mechanism in the system itself. Judicial discipline demands that when the decision of a coordinate Bench of the same High Court is brought to the notice of the Bench, it is to be respected and is binding, subject of course, to the right to take a different view or to doubt the correctness of the decision and the permissible course then open is to refer the question or the case to a larger Bench. This is the minimum discipline and decorum to be maintained by judicial fraternity."
15. Recently, the Supreme Court in the judgment rendered in Criminal Appeal No.452 of 2020 in the case of S.Kasi vs. State through The Inspector of Police Samanynallur Police Station, Madurai District explained in detail the principle of judicial discipline in paragraphs31 to 33 of the report which reads as follows :
"31. Learned Single Judge in the impugned judgment has taken a contrary view to the earlier judgment of learned Single Judge in Settu versus The State (supra). It is well settled that a coordinate Bench cannot take a contrary view and in event there was any doubt, a coordinate Bench only can refer the matter for consideration by a Larger Bench. The judicial discipline ordains so. This Court in State of Punjab and another versus Devans Modern Breweries ltd. and another, (2004) 11 SCC 26, in paragraph 339 laid down following: "339. Judicial discipline envisages that a coordinate Bench follow the decision of an earlier coordinate Bench. If a coordinate Bench does not agree with the principles of law enunciated by another Bench, the matter may be referred only to a Larger Bench. (See Pradip Chandra Parija vs. Pramod Chandra Patnaik, (2002) 1 SCC 1 followed in Union of India Vs. Hansoli Devi, (2002) 7 SCC 273. But no decision can be arrived at contrary to or inconsistent with the law laid down by the coordinate Bench. Kalyani Stores (supra) and K.K. Narula (supra) both have been rendered by the Constitution Benches. The said decisions, therefore, cannot be thrown out for any purpose whatsoever; more so when both of them if applied collectively lead to a contrary decision proposed by the majority."
32. Learned Single Judge did not follow the judicial discipline while taking a contrary and diagonally opposite view to one which have been taken by another learned Single Judge in Settu versus The State (supra). The contrary view taken by learned Single Judge in the impugned judgment is not only erroneous but also sends wrong signals to the State and the prosecution emboldening them to act in breach of liberty of a person.
33. We may further notice that learned Single Judge in the impugned judgment had not only breached the judicial discipline but has also referred to an observation made by learned Single Judge in Settu versus The State as uncharitable. All Courts including the High Courts and the Supreme Court have to follow a principle of Comity of Courts. A Bench whether coordinate or Larger, has to refrain from making any uncharitable observation on a decision even though delivered by a Bench of a lesser coram. A Bench sitting in a Larger coram may be right in overturning a judgment on a question of law, which jurisdiction a Judge sitting in a coordinate Bench does not have. In any case, a Judge sitting in a coordinate Bench or a Larger Bench has no business to make any adverse comment or uncharitable remark on any other judgment. We strongly disapprove the course adopted by the learned Single Judge in the impugned judgment."