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Can’t pass an order against the Superior Court…”: The Supreme Court violates the Supreme Court

Speaking strongly before the Gujarat High Court, the Supreme Court today said any court issuing an order against the higher court decision goes against the constitutional philosophy.The case involved a request from a rape survivor for permission to terminate her pregnancy. The Supreme Court’s strong comments come after the Supreme Court issued the order on Saturday, even after the Supreme Court listed the case for today. The High Court refused to assist the applicant, but the Supreme Court allowed her pregnancy to be terminated.
What is happening at the Gujarat High Court? No court in India can issue an order against a superior court order. It is against the constitutional philosophy,” Supreme Court Justices BV Nagarathna and Ujjal Bhuyan said after being briefed on the Supreme Court’s order on Saturday.

Solicitor General Tushar Mehta, who represents the Gujarat government, said Saturday’s order was only approved to correct a “clerical error”. “There was a clerical error in the previous order and that order was corrected on Saturday. It was a misunderstanding,” he said, adding, “As a state government, we will ask the judge to collect return orders.”
It comes after the Supreme Court on Saturday marked a delay by the Supreme Court in ruling on rape victims’ claims, saying “precious time” had been lost. Later, Judge Nagarathna and Judge Bhuyan said they would hear the case today.

Criticizing the Supreme Court’s “indifferent attitude”, the Supreme Court on Saturday issued a notice to the Gujarat government and others, asking for their response to the woman’s plea. that the high court dismissed the lawsuit on August 17, but gave no reason and the order has yet to be uploaded to the high court’s website.

The applicant’s attorney then told the court she would soon be into her 28th week of pregnancy, adding that a new medical report would have to be requested. The court then ordered the applicant to appear again before the medical committee.

After a new review, the Supreme Court today authorized the termination of the pregnancy. “After performing medical operations, if it is found that the fetus is still alive, the hospital must provide all means, including warming to ensure the life of the fetus. The State will take measures for children to be adopted in accordance with the law. law,” said the Supreme Court.

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