Case Note & Summary
The Union of India appealed to the Supreme Court against certain observations made by the High Court of Delhi in its order dated 19.01.2021 while disposing of Writ Petition No. 5700/2020. The writ petition had been filed by respondent no.1 challenging the Letter of Acceptance dated 05.06.2020 issued by the Union of India in favor of respondent no.2 regarding a tender award. The High Court declined to interfere due to elapsed time and disposed of the petition, reserving liberty for the petitioner to pursue civil proceedings. However, in its order, the High Court permitted the petitioner to make a representation to the Prime Minister of India highlighting alleged wrongful evaluation and discrimination against Indian bidders, citing a previous case and the 'Make in India' initiative. The Union of India sought expungement of these observations. The Supreme Court heard arguments from both sides and examined the High Court's remarks. The Court noted that the High Court had not decided the writ petition on merits and was not handling a Public Interest Litigation. It held that the observations were unwarranted as they went beyond the controversy between the parties and made general remarks based on a solitary case. The Supreme Court emphasized judicial restraint, advising High Courts to avoid sweeping observations not warranted by the case. Consequently, the appeals were partly allowed, and the specific observations in the High Court's order were ordered to be expunged. No costs were awarded.
Headnote
A) Administrative Law - Judicial Review - Tender Disputes - Observations Beyond Controversy - The High Court disposed of a writ petition challenging a tender award without deciding on merits, but made observations permitting representation to the Prime Minister and alleging discrimination against Indian bidders - The Supreme Court held such observations were unwarranted as the High Court was not deciding a Public Interest Litigation and should have restricted itself to the controversy between the parties - The observations were ordered expunged (Paras 3-4). B) Judicial Conduct - Restraint in Observations - Avoidance of Sweeping Remarks - The Supreme Court advised High Courts to refrain from making general observations not warranted in the case and beyond the contours of the controversy - Based on a solitary case, general observations on discrimination against Indian bidders were deemed inappropriate - The Court emphasized that High Courts should avoid such sweeping remarks (Para 3).
Issue of Consideration
Whether the High Court's observations in its order, permitting representation to the Prime Minister and making general remarks on discrimination against Indian bidders, were warranted and should be expunged
Final Decision
Appeals partly allowed; observations in High Court's order dated 19.01.2021 expunged; no costs
Law Points
- Judicial restraint
- avoidance of unwarranted general observations
- limitation of court's role to controversy between parties
- expungement of remarks beyond case contours
