Court can't intrude into legislature's domain, says SC


Posted on 19th Feb 2015 01:16 pm by mohit kumar

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.

Did you know?Explore Trending and Topic pages for more stories like this.
0 Like 0 Dislike
Previous news Next news
Other news

India has the most cyberattacks after the US; We can send emails of more than 2 million people to hackers, free COVID test

New Delhi. Apart from the border, a new threat is now facing India. This is the danger of cyber-a

Private employees will now have to work 10 hours instead of 9, a rule implemented in this state

The Devendra Fadnavis government of Maharashtra on Wednesday increased the maximum working hours

Indigo plane engine fire in Delhi: Sparks erupted while taking off for Bengaluru; All 184 passengers safe

The engine of an Indigo Airlines flight caught fire during take-off at Delhi airport at 9:45 pm o

Shahrukh Khan in The Lion King, Priyanka Chopra in 'The Jungle Book', when Bollywood stars became the voice of Hollywood.

The second part of the Hollywood animated film The Lion King is coming soon. Recently t

Way to avoid bankruptcy: The government of Pakistan will sell government companies and assets, and cabinet approval for a new bill

The Pakistan cabinet has approved a bill. Under this, now the government will be able to sell gov

Haryana to scrutinise appointment of guest faculty

Chandigarh, March 10 (IANS) Scores of teachers recruited as guest faculty in schools across Har

Awakened hope: Talks started between the Haryana government and farmers to open the Tikri border closed for 11 months

Negotiations began in Bahadurgarh on Tuesday between the High Power Committee of the state govern

Bigg Boss 19: Malti Chahar slaps Tanya Mittal, causing another uproar in the Bigg Boss house.

The grand finale of Bigg Boss Season 19 will take place in two weeks, with one contestant receivi

Rahul Gandhi said at Cambridge University: Can't see a world being built where there are no democratic systems

Congress leader Rahul Gandhi arrived in Britain on Tuesday with a new look. He started his 7-day

Grandmother files FIR for custody of Atul Subhash's son, SC issues notice to 3 states for recovery of child.

Pawan Modi, father of deceased engineer Atul Subhash, said on Monday that he will also file a cas

Sign up to write
Sign up now if you have flare of writing..
Login   |   Register
Follow Us
Indyaspeak @ Facebook Indyaspeak @ Twitter Indyaspeak @ Pinterest RSS



Play Free Quiz and Win Cash