High Court (India)

October 30, 2017

Litigants shouldn’t use court observations without context: Delhi HC


Delhi HC

The Delhi High Court had asked the litigants not to use the isolated observations of the courts without relating to the meaning of the decision.

A single member bench of Justice Manmohan of the Delhi High Court made the ruling, in the case of Mahesh Chandra and Anr. v. Parametric Technology Corporation Inc. and others.

The court observed that the Article 215 of the Constitution of India specifically said that the High Court is a Court of Record and consequently, it is only the order sheets that can be read as proof as to what transpired in Court.

“Litigants have no right to selectively quote isolated Court’s observations (with embellishments) without reference to the context,” the court said.

Giving further details, the court explained, “The rationale behind the Constitution conferring the status of Court of Record upon the High Court is that judges of the court have to discharge their duties without fear. Moreover, in a court there has to be a free debate. If a Judge is not able to ask the questions and seek clarifications, the rule of law will be in serious jeopardy. In fact, no Judge will be able to administer justice if he is made a witness in the case. Such an attempt has to be firmly nipped in the bud.”

The court also advised the applicants to be more careful in the future.

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