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Legal News 18 February 2022

Pinnacle court advised all high courts in India to not make casual observations and also avoid sweeping statements

The Top court today directed all the high courts in the nation to hold back from making sweeping monitoring which are beyond the contours” of the issue they are observing with.

The bench comprising Justices M R Shah and B V Nagarathna delivered this while removing some statements by an order from Delhi High Court.

The bench stated that “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”.

This ordering broke out on an review filed by the Union against a 19th January ruling of Delhi High Court on a case by a company which commented regarding discrimination in the award of a tender. The Delhi High Court refused to be involved in the tender proceedings, as considerable duration had passed since it was awarded.

Meanwhile, it welcomed the petitioner to deliver his saying to the PM of India. 

Delhi High Court noted that “We also permit the petitioner to make a representation addressed to the Hon’ble Prime Minister of India highlighting the aspects with regard to wrongful evaluation of the bids and discrimination meted out to some of the bidders. In case such a representation is made, we request the PMO to ensure that the same receives the attention of the Hon’ble Prime Minister of India.”

The Apex court today noted that Delhi High court was not concluding a PIL. The Delhi HC didn’t at least note the merits of the writ petition. 

The Apex court further delivered that Delhi High court was noted that it hadn’t looked through merits of the petitioner’s say on writ or the defense of the respondent’s side. In those types of conditions, such casual observations should have been neglected by the High Court and the High Court must have limited itself to the dispute among the parties in front of it.

 

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