Judges only interpret legislation: SC

New Delhi, June15 (UNI) The Supreme Court today held that courts are only interpreters of the law enacted by the legislature and are not law-makers themselves, in a pathbreaking judgment demarcating the domains of the judiciary and the legislature.

The court made all-important observations while setting aside the impugned judgment of Punjab and Haryana high court which quashed the order of the Deputy Commissioner-cum -collector, Faridabad, and also that of the sub-registrar refusing to register sale deeds without having 'no objection certificate' from the office of district and town planners, Faridabad.

A bench comprising Justices Arijit Pasayat and Altamas Kabir while disapproving the approach of the high court in relying on the judgment of this court without applying its mind to the facts of the case, observed,"Observations of the courts are neither to be read as Euclid's theorems nor as provisions of the statute and that too taken out of their context.These observations must be read in the context in which they appear to have been stated. Judgments of courts are not to be construed as statutes. To interpret words,phrases and provisions of a statute it may become necessary for judges to embark into lengthy discussions but the discussion is meant to explain and not to define.Judges interpret statutes, they do not interpret judgments. They interpret words of statutes; their words are not to be interpreted as statutes." The court quoted with approval the words of Megarry,j ," One must not, of course,construe even a reserved judgment of Russell,L.J. as if it were an Act of Parliament." The Supreme Court while sending the case back to high court for fresh and expeditious decision in the case, made it clear that it has not expressed any opinion on the merits of the case.

The apex court also noted,"The courts should not place reliance on decisions without discussing as to how the factual situation fits in with the fact situation of the decision on which reliance is placed." The court also quoted the words of Lord Denning in the matter of applying precedents which have become locus classicus,"Precedent should be followed only so far as it marks the path of justice, but you must cut the deadwood and trim off the side branches else you will find yourself lost in thickets and branches. My plea is to keep the path to justice clear of obstructions which could impede it." Today's judgement came on an appeal filed by state of Haryana against the respondents M/s AGM Management Services Ltd.

UNI AKS/SC RP VV1841