No fetters can be imposed on us: SC

“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 law. “An order which was passed by the court at the time of admitting a petition does not have the status of an express provision of law. Any observation which is made by the court at the time of entertaining a petition by way of issuing notice are tentative observations.”

“Those observations or orders cannot limit this court’s jurisdiction under Article 142. Having regard to the constitutional provision under Article 142,we do not think that this court at the time of final hearing is precluded from considering the controversy in its entire perspective and in doing so,this court is not inhibited by any observation in an order made at the time of issuing the notice,” the bench said.

The bench however,clarified that such discretion by the court cannot be a universal practice in all cases. “The question whether the court will enlarge the scope of its inquiry at the time of final hearing depends on the facts and circumstances of the case. Since in the facts of this case,we find that the appellant should be heard on all points,we have come to the aforesaid conclusion”,the bench added.