State Of U.P. & Ors vs Jeet S. Bisht & Anr on 18 May, 2007
In State of U.P. v. Jeet S. Bisht [(2007) 6 SCC
586] when one of the Hon'ble Judges (Katju, J.)
constituting the Bench criticised the orders passed
52 OA No.2803/2018 and Batch
by various Benches in the same case, the other
Hon'ble Judge (Sinha, J.) expressed himself in the
following words: (SCC p. 623, para 100)
"100. For the views been taken herein, I regret
to express my inability to agree with Brother
Katju, J. in regard to the criticisms of various
orders passed in this case itself by other
Benches. I am of the opinion that it is wholly
inappropriate to do so. One Bench of this Court,
it is trite, does not sit in appeal over the other
Bench particularly when it is a coordinate
Bench. It is equally inappropriate for us to
express total disagreement in the same matter as
also in similar matters with the directions and
observations made by the larger Bench. Doctrine
of judicial restraint, in my opinion, applies even
in this realm. We should not forget other
doctrines which are equally developed viz.
judicial discipline and respect for the Brother
Judges."