SC expunges HC observation on Make in India involving PM

The Supreme Court on Thursday expunged observations the Delhi High Court by which it allowed a company to make a representation to Prime Minister Narendra Modi for "wrongful evaluation of the bids' and "the discrimination against Indian companies", in view of the Centre’s Make in India policy.

"The observations were absolutely unwarranted. The High Court was not deciding a Public Interest Litigation. The High Court did not even decide the writ petition on merits,” a bench of Justices M R Shah and B V Nagarathna said.

The bench said the High Courts should refrain from making sweeping observations which are beyond the contours of the controversy, or issues before them.

The bench set aside the observations by the High Court on January 19, 2021.

“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. We advise the High Courts not to make general observations which are not warranted in the case," the bench said, acting on an appeal by the Centre.

The High Court had made the observations while hearing a plea of a company Bharat Fritz Werner Limited against the bidding process.

The High Court had allowed the petitioner to make a representation addressed to the Prime Minister. It had also requested the PMO to ensure that the representation received the attention of the Prime Minister.

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