Thursday, February 17, 2022

Supreme Court asks High Courts not to make general observations which are "not warranted"

Read Order

A bench of Justices MR Shah and BV Nagarathna said that High Courts should restrict itself to the controversy between the parties before it.


"We advise the High Courts not to make general observations which are not warranted in the case. The High Courts shall refrain from making sweeping observations which are beyond the contours of the controversy and/or issues before them." 

The High Court while passing a direction allowing petitioners to make a representation to PM, had also made observations on the government's much-publicised 'Make in India' scheme.

"Keeping in view the fact that the Government of India is laying emphasis on “Make in India (Atma-Nirbharta), the grievances of the petitioner appear to be correct and, in our view, require serious consideration at the highest level," the High Court had said in its order.

"The High Court ought to have restricted itself to the controversy between the parties before it. Even otherwise, on the basis of a solitary case, general observations could not have been made by the High Court that the Indian bidders are being discriminated against," the top court said.

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