Supreme Court asks High Courts not to make general observations which are "not warranted" in case before them

The Supreme Court on Thursday said that High Courts while passing orders, should refrain from making sweeping observations which are beyond the contours of the controversy or issues before them [Union of India vs Bharat Fritz Werner Limited & Another].A bench of Justices MR Shah and BV Nagarathna said that High Courts should restrict itself to the controversy between the parties before it."We advise the High Courts not to make general observations which are not warranted in the case. The High Courts shall refrain from making sweeping observations which are beyond the contours of the controversy and/or issues before them," the top court said.The Court was dealing with an appeal filed by the Central government against a Delhi High Court order which had permitted the petitioner to make a representation to Prime Minister Narendra Modi "highlighting the aspects with regard to wrongful evaluation of the bids and discrimination meted out to some of the bidders.".The petitioner had approached the High Court contending that Indian bidders were discriminated against while awarding contracts.The High Court while passing a direction allowing petitioners to make a representation to PM, had also made observations on the government's much publicised 'Make in India' scheme."Keeping in view the fact that the Government of India is laying emphasis on “Make in India (Atma-Nirbharta), the grievances of the petitioner appear to be correct and, in our view, require serious consideration at the highest level," the High Court had said in its order.The Central government moved the top court challenging the observations made by the Delhi High Court..The two-judge Supreme Court bench observed that High Court was not deciding a Public Interest Litigation and that the court had not gone into the merits of the writ petitioner’s claim or the respondent’s defence..That being the case, the High Court should have avoided such general observations, the apex court said."The High Court ought to have restricted itself to the controversy between the parties before it. Even otherwise, on the basis of a solitary case, general observations could not have been made by the High Court that the Indian bidders are being discriminated against," the top court said..The bench, therefore, proceeded to expunge the observation from the High Court order..[Read Order]