New Delhi, Feb 18 (IANS) The Supreme Court Wednesday said it was for elected representatives to take a call at what stage of proceedings a person facing criminal charges should be barred from contesting elections and the courts could not issue directions to the legislature and intrude in its domain.
A bench of Chief Justice H.L.Dattu, Justice A.K.Sikri and Justice Arun Mishra said this as senior counsel Rakesh Dwivedi appearing for NGO Public Interest Foundation contended that a person against whom criminal charges have been framed by the court should be debarred from contesting elections.
"This is for the representatives of the people to decide. We can't issue directions to legislature. They know how to run the country in a democratic manner," Chief Justice Dattu observed as Dwivedi pressed the plea that the framing of charges should be stage where a person facing criminal trial should be barred from contesting elections.
He said that this was also a stage where there was an judicial application of mind by the court before framing the charges.
"We should not be stepping into an area" earmarked for the legislature, the court said asking if it could issue direction to the parliament to legislate on barring the people against whom criminal charges have been framed.
"In the name of judicial activism we can't step in the arena earmarked for the law makers and legislature. Lines are marked demarcating the roles (of three organs of state)," the court said as the NGO urged the court to take recourse to its power under the constitution to issue direction to the Election Commission to bar people charged with criminal offences from contesting elections.
"Your submissions on the first thought look very very attractive. What a noble thought is this. But after a deeper consideration, no," Chief Justice Dattu said, adding: "We are bound by the decision of the constitution bench" which bars court's from issuing directions to legislature.
As Dwivedi pressed his plea, the court asked him: "What is the medium you want us to adopt... What you expect this court to do, tell us in nutshell."
Dwivedi told the court that it should direct the poll panel to reject the nomination papers of a candidate against whom charges have been framed and also ask the central government to consider the issue seriously.
At this, the court said: "It is not for us to say what is good governance. It is for them to see. It is not for us to advise the government what to do or not to do... It is left to them why a person with criminal antecedents is not to be made a minister."
Appearing for the central government, Additional Solicitor General Maninder Singh told the court that disqualifications are mentioned in the Representation of People Act and court should not interfere with it and rewrite the law.
"You can't add further disqualifications," he told the court.
The hearing will continue on Thursday.
The unemployment rate in India reached the highest level of 8 percent in the last three months in
Indian Cuisine is Pretty Big in Britain
New Delhi, Feb 15 (IANS) She comes from a family of chefs and co-owns Southall-based Brilliant
India-Australia match ticket prices soar
New Delhi, March 24 (IANS) The prices of tickets for the India vs Australia semifinal match of
The second day of the Delhi Assembly session will begin with the address of the Lieutenant Govern
The makers of Bhool Bhulaiyaa 3 released the teaser of the film on Friday, September 27. The teas
Corona In Gurugram - 2344 corona infected cases on Tuesday, 4 patients died
Gurugram The number of corona infected patients is not decreasing in the district. On Tuesday, 23
Karnataka: CM Yediyurappa gets interim relief from the court, case of 24 acres of government land
Karnataka Chief Minister BS Yediyurappa has received relief from the Supreme Court in a corruptio
The issue of providing additional water to Delhi does not seem to be resolved. After the Supreme
India’s Covid-19 cases cross 400, death toll at 7
इंडियन मेडिकल काउंसिल ऑफ मेडिकल रिसà¤
TMC MP called Union Minister Shivraj Singh Chouhan a 'broker', BJP said- apologies
Trinamool Congress MP Kailash Banerjee on Tuesday accused Agriculture and Rural Development Minis
