HCs can entertain petitions even after we dismiss it: SC



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