New Delhi: The Supreme Court on Wednesday said mere
observations made by it cannot be treated as a law or a
precedent and a review petition in exceptional circumstances
can be filed in High Courts even after the apex court had
dismissed a special leave petition.
A bench of justices Markandeya Katju and Gyan Sudha
Mishra said in a judgement that the apex court court cannot
take affront if the high court entertains a review petition
even after the Supreme Court had dismissed a special leave
petition.
"In our opinion, the above observations cannot be treated
as a precedent at all. We are not afraid of affronts. What has
to be seen is whether a legal principle is laid down or not.
It is totally irrelevant whether we have been affronted or
not.
"A mere stray observation of this court, in our opinion,
would not amount to a precedent. The above observation of this
court is, in our opinion, a mere stray observation and hence
not a precedent, " the bench said.
The apex court passed the ruling while upholding an
appeal by Gangadhara Rao challenging the decision of the
Andhra Pradesh High Court to dismiss his petition in a
property dispute on the ground that his SLP was already
dismissed by the Supreme Court.
PTI
