Violation of supreme court's order by high court

The power to issue directions as has been done in Asian Resurfacing is constitutionally improper and requires correction. However being a victim of the cause, the provision of appeals can be made the only solution in case of such tices.

The High Court, being a Constitutional court and a court of record, cannot be limited in its exercise of power by any restrictions placed on it by the Supreme Court, unless the Supreme Court interprets a statute or the Constitution and prescribes it as a matter of law. However this came into contradiction with the SC judgement in Asian Resurfacing of Road Agency v. Central Bureau of Investigation

The powers of the Supreme Court vis-à-vis the High Courts was considered at length in Tirupati Balaji Developers (P) Ltd v. State of Bihar:-

• The High Court is not a court “subordinate” to the Supreme Court

• The power to issue prerogative writs is wider with the High Courts than with the Supreme Court.

• Power of superintendence is only granted to High Courts and not to the Supreme Court

• What places the Supreme Court at a superior place in the hierarchy is that it is the highest court of appeal, law declared by it is binding on all Courts, it has the power to transfer cases from one High Court to another or to itself and Article 144, which requires all authorities including the High Court to act in aid of the Supreme Court

• The power of appeal implies the power to reverse, confirm, annul or modify the decree of the High Court including the direction to rehear the matter and comply with such directions as may accompany the order of remand.  This power of appeal includes the power to exercise such other incidental or ancillary powers

In Madan Mohan v. State of Rajasthan, the Supreme Court held as follows:
“No superior Court in hierarchical jurisdiction can issue such direction/mandamus to any subordinate Court commanding them to pass a particular order on any application filed by any party. The judicial independence of every Court in passing the orders in cases is well settled. It cannot be interfered with by any Court including superior Court.”