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Delhi HC asks Litigants to not use court observation, selectively, out of context

by Maitreya SahaOctober 31, 2017

In the case titled, Mr. Mahesh Chandra and Anr. v. Parametric Technology Corporation Inc. and Ors, Justice Manmohan of the Delhi High Court, yesterday, made certain quintessential comments regarding the usage of the Court’s observations by litigants, without reference to context, while allowing an application to be withdrawn, Justice Manmohan observed that

“Article 215 of the Constitution of India stipulates that the High Court is a Court of Record. 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 Bench further went on to explicate the reason for the Constitution makers to confer the status of Court of Record upon the High Court, in the first place and the need for judges of these Hon’ble Courts to be able to decide the matter without any sort of encumbrances. It stated,

“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.”

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