Don’t make sweeping observations beyond the matter before you, Supreme Court tells HCs
While giving its verdict, the Supreme Court removed remarks from a Delhi High Court order about some Indian bidders being discriminated against by the Centre.
The Supreme Court on Thursday asked the High Courts to avoid making sweeping observations that are beyond the “contours of the controversy” or matter before them, Live Law reported.
The verdict was delivered on an appeal by the Centre against a Delhi High Court order from January 19, The Indian Express reported. The High Court had scrutinised a plea from manufacturer Bharat Fritz Werner Limited that alleged discrimination in the Centre’s process of awarding tenders.
The High Court had allowed the firm to make a representation to the prime minister about the wrongful evaluation of some bids and discrimination meted out to “some bidders”.
“Keeping in view the fact that the Government of India is laying emphasis on Make in India [Atma-Nirbharta], the grievances of the petitioner appears to be correct and, in our view, require serious consideration at the highest level,” the High Court had said in its order.
On Thursday, the bench of Justices MR Shah and BV Nagarathna observed that the High Court was neither deciding public interest litigation nor examining the case on merit, Live Law reported.
It added that the High Court could not have made general observations like “Indian bidders are being discriminated against” based on one case.
“In such circumstances, such general observations should have been avoided by the High Court and the High Court ought to have restricted itself to the controversy between the parties before it,” the court said. “We advise the High Courts not to make general observations which are not warranted in the case.”
The Supreme Court allowed the appeal, but after removing the remarks about discrimination.