New Delhi: A war of words broke out in the Supreme Court on Tuesday between Solicitor General Tushar Mehta and senior advocate Indira Jaising over the submission of the law officer that we need not be influenced
by judgements of western jurisdictions.
The apex court was hearing a plea by a former woman judicial officer who resigned following an inquiry into her allegations of sexual harassment against a Madhya Pradesh High Court judge.
During the hearing, Mehta submitted: "My friend has relied on western jurisprudence. Principally, it has always been my respectful submission that our jurisprudence should not be influenced by western jurisprudence. The judgements which are court of appeal etc are hierarchically much lower than the Supreme Court.
"We don't cite district court judgements before the Supreme Court. We have our own system, problems and ethos and we need not be influenced by what is stated in some other jurisdictions," Mehta said.
Senior advocate Indira Jaising, appearing for the petitioner, took strong objection over the SG's "nationalistic" attitude towards
jurisprudence.
"I would like to say that I am impressed by Mr Mehta's nationalistic attitude towards jurisprudence when he says that our courts should not look at UK courts and His nationalism must be applauded by all of us.
"I am an internationalist and I will look for light everywhere! And I will place before you judgments from various jurisdictions. It is up to you whether to accept it," Jaising submitted before a bench of Justices L Nageswara Rao and B R Gavai.
She also expressed displeasure over the Solicitor General terming the petitioner as "emotional" and said it is a "stereotypical" argument.
"Mr Mehta's seriously advanced proposition in writing is nothing short of male chauvinism and stereotyping of a very responsible judicial officer who has had a very distinguished record of service," she said.