The Supreme Court told the Central Government that a petition cannot be challenged against mere observations in a bail order while considering the petition filed by the Government through the Narcotics Control Bureau against the observations made by the Bombay High Court while granting bail to actor Rhea Chakraborty in the NDPS case registered in connection with the death of Sushant Singh Rajput.
The Solicitor General Tushar Mehta, appearing for the Centre, told the bench that the grant of bail has not been challenged in the petition saying, "My worry is that the court has made certain wide ranging observations about NDPS Act, which make the Act unworkable."
The bench highlighted that the Centre's petition does not challenge the bail order and only challenges observations. "We find the new things you do very difficult to understand. You cannot file a petition challenging the observations. You can only challenge the order. The observations are prima facie", the CJI told the SG.
After this, the SG requested for time to amend the petition. The bench allowed this request and posted the matter to next Monday.