Justice Manmohan of the Delhi High Court has made crucial comments regarding the usage of the Court’s observations by litigants, without reference to context..While allowing an application to be withdrawn in the matter of Mr. Mahesh Chandra and Anr. v. Parametric Technology Corporation Inc. and Ors., Justice Manmohan stated 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 went on to expound the reason for the Constitution makers to confer the status of Court of Record upon the High Court and the need for judges to be able to decide the matter without any hindrances. 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.” .Therefore, the first paragraph of the application was directed to be expunged and the application itself was directed to be taken off the record..Before parting, the Court advised the applicants/plaintiffs to be more careful in the future..Read Order:.Click here to download the Bar & Bench Android App
Justice Manmohan of the Delhi High Court has made crucial comments regarding the usage of the Court’s observations by litigants, without reference to context..While allowing an application to be withdrawn in the matter of Mr. Mahesh Chandra and Anr. v. Parametric Technology Corporation Inc. and Ors., Justice Manmohan stated 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 went on to expound the reason for the Constitution makers to confer the status of Court of Record upon the High Court and the need for judges to be able to decide the matter without any hindrances. 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.” .Therefore, the first paragraph of the application was directed to be expunged and the application itself was directed to be taken off the record..Before parting, the Court advised the applicants/plaintiffs to be more careful in the future..Read Order:.Click here to download the Bar & Bench Android App
