Sympathies cannot override Rule of law: Supreme Court

Holding that sympathies for a party cannot dictate the decision of a Court and rule of law does not permit emotional considerations to be accounted for, the Supreme Court in a recent decision [Sudhir Kumar Consul v. Allahabad Bank], despite having sympathetic considerations for the party, did not change its conclusion it had arrived on the appeal.

The Supreme Court inter alia observed as under;

21) We have sympathies for the appellant but, in a society governed by Rule of law, sympathies cannot override the Rules and Regulations. We may recall the observations made by this Court while considering the issue of compassionate appointment in public service. In Life Insurance Corporation of India v. Asha Ramachhandra Ambekar and Anr. (1994) 2 SCC 718, wherein the Court observed: “The High Courts and the Administrative Tribunals cannot confer benedictionimpelled by sympathetic consideration.... Yielding to instinct will tend to ignore the cold logic of law. It should be remembered that “law is the embodiment of all wisdom”. Justice according to law is a principle as old as the hills. The Courts are to administer law as they find it, however, inconvenient it may be.”

Have a look at the decision.