Improper For SC To Grant Interim Relief In Normal Course When Party Is Relegated To High Court : Supreme Court
When the Supreme Court refuses to entertain a matter and asks the party to approach the High Court, it would be improper in the normal course to grant interim relief to such party, observed the Supreme Court recently.
The Court made this observation while recalling an order which granted interim protection from coercive action to a party who was relegated to the High Court. The interim protection was meant to be in operation till the High Court disposed of the matter finally.
Taking objection to the interim order, the Enforcement Directorate filed an application to recall it, saying that the order was passed without hearing it. Accepting the ED's contentions, the Court recalled the order.
The bench comprising Justices Sanjay Kumar and Aravind Kumar observed :
"When a party is relegated to the High Court to pursue its remedies, it would not be proper, in the normal course, to bind the said High Court with directions in relation to the proceedings to be impugned before such Court. Ordinarily, this Court would leave all issues open for the party so relegated to raise and pursue before the High Court," the Court further observed. Reference was made to Neeharika Infrastructure (P) Ltd. vs. State of Maharashtra which laid down guidelines for exercise of power under Section 482 CrPC, cautioning that criminal proceedings ought not to be scuttled and Courts, in the usual course, should not thwart investigation into cognizable offences.
The Court also noted that such directions can be misconstrued by the High Courts to be observations by this Court on the merits of the matter, thereby influencing the adjudication of the case.
"That apart, such directions can be misconstrued by the High Courts to be observations by this Court on the merits of the matter, thereby influencing the adjudication of the case."
Also from the judgment - 'This Court Won't Shy Away From Acknowledging Its Mistakes' : Supreme Court Allows ED's Application To Recall Order
Case Details : Gagan Banga and another v. The State of West Bengal
Citation : 2024 LiveLaw (SC) 736