Judicial discipline - 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 - 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 - 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. 2020 SC eJournal 947

“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 v. Pramod Chandra Patnaik, 2002 (1) SCC 1  followed in Union of India v. 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.” State of Punjab and another v. Devans Modern Breweries ltd. and another, 2004 (11) SCC 26.

 

 

Judicial discipline - Comity of Courts - Uncharitable remarks on judgment of another bench - 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 - Learned Single Judge has also referred to an observation made by another learned Single Judge in Settu v. 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 - We strongly disapprove the course adopted by the learned Single Judge in the impugned judgment. 2020 SC eJournal 947

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