Sreeja D G & Ors. v. Anitha R. Nair & Anr., 2025
This ruling reasserts the hierarchical judicial discipline and the principle of sub judice, emphasizing that lower courts must not act on matters already seized by the Supreme Court.
Judgement Details
Court
Supreme Court of India
Date of Decision
6 September 2025
Judges
Justice J.K. Maheshwari and Justice Vipul M. Pancholi
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
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The Kerala High Court granted anticipatory bail to Respondent No.1 (accused).
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The petitioners challenged this order before the Supreme Court via a Special Leave Petition (SLP).
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While the SLP was pending and under the consideration of the Supreme Court, Respondent No.1 moved the High Court again seeking modification of bail conditions, particularly seeking permission to travel abroad (Dubai) for “immigration requirements.”
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Despite the matter being sub judice before the Supreme Court, the High Court modified its own bail order and allowed foreign travel.
Issues
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Whether a High Court can modify the conditions of an anticipatory bail order when that very order is under challenge before the Supreme Court.
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Whether the High Court's act of modifying bail conditions amounts to judicial impropriety.
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What are the consequences of modifying a bail order under appeal without disclosing that the matter is pending before a higher court?
Held
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The High Court erred in modifying the anticipatory bail conditions while the original order was under challenge before the Supreme Court.
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Such action violates judicial discipline and comity.
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The order of modification is set aside, and the respondent is put on notice regarding possible cancellation of anticipatory bail.
Analysis
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This ruling reasserts the hierarchical judicial discipline and the principle of sub judice, emphasizing that lower courts must not act on matters already seized by the Supreme Court.
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The judgment acts as a cautionary precedent to prevent High Courts from taking steps that may render Supreme Court proceedings infructuous.
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The Court's reference to Chhavi Mehrotra reinforces the doctrine that multiple forums should not be entertained simultaneously on the same issue, preserving the integrity of the judicial process.
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It also addresses a growing concern of concealment of material facts by parties, which could amount to abuse of the judicial process.