No fetters can be imposed on us: SC
The Supreme Court has ruled that no fetters can be imposed on it in passing orders or judgements "for doing complete justice in matters pending before it."
New Delhi: The Supreme Court has ruled that no fetters can be imposed on it in passing orders or judgements "for doing complete justice in matters pending
A bench of justices Ashok Kumar Ganguly and Deepak Verma said it can pass any order on matters before it without being fettered as the power emanated from the Constitution under Article 142.
"However, one thing is clear that under Article 142 of the Constitution, this court in exercise of its jurisdiction may pass such decrees and may make such orders as is necessary for doing complete justice in any case or matters pending
"It is, therefore, clear that the court while hearing the matter finally and considering the justice of the case may pass such orders which the justice of the case demands and in doing so, no fetter is imposed on the court`s jurisdiction
except of course any express provision of the law to the contrary, and normally this court cannot ignore the same while exercising its power under Article 142," the bench said.
The apex court passed the judgement while upholding the appeal filed by Yomeshbhai Pranshankar Bhatt who argued that though the court had initially issued a notice on his plea for altering his conviction from 302(murder) to 304-Part
II(culpable homicide not amounting to murder), it was not precluded from considering his subsequent plea for acquittal.
Bhatt was earlier sentenced to life imprisonment by a Vadodara sessions court for setting ablaze his maid servant to death after an altercation and the Gujarat High Court had cofirmed the sentence.
The apex court also said initial orders or any observation made by it at the time of hearing a case are tentative in nature and does have the express provision of