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

'14 terrorists, 400 kg RDX...', threat of bombing 34 vehicles; Mumbai on high alert

On Thursday, Mumbai Police received such a message on the WhatsApp helpline of the traffic contro

Two-day traffic diversion in Delhi for Chhath festival; no entry on Delhi-Noida routes, including Bhajanpura.

Delhi Traffic Advisory on Chhath Puja: Large crowds are expected at various ghats across Delhi du

Ind Vs Eng: 'His company is bad', the grief of losing father and brother; Akash Deep's story is full of struggles, luck shone after making test debut

It is said that if your intentions are good and your courage is high, then one-day success will k

Donald Trump: 'Whoever imposes more tax, we will impose the same tariff on them', Trump set April 2 as the deadline, also named India

While addressing the Congress, US President Donald Trump placed India, China, South Korea and man

Pakistan: Imran what have you done for me?... Porn audio of former Pakistani PM VIRAL; PTI came to the rescue

Imran Khan, the head of Pakistan Tehreek-e-Insaf, seems to be caught in another controversy. This

Bilawal Bhutto: 'His statement, his wish...': Read what Bilawal said after returning to Pakistan after being surrounded on terrorism in India

Bilawal Bhutto Zardari, who was on a two-day visit to India to participate in the Shanghai Cooper

G-20 Summit: White House praised PM Modi, said- Biden is feeling positive

The G-20 summit held under the chairmanship of India this year was very successful. The success o

Coronavirus Updates: Corona's speed increased again, with 5443 new cases in 24 hours; 26 people died

Corona cases have increased in the country. The Health Ministry said that a total of 5,443 new ca

G20 Summit: From the hotels of the guests to the venues, everything was given a 'code name', even the police were unaware of many things.

While hosting more than twenty heads of state from across the world, the police and various secur

Weather Update: Yellow alert in 16 states including Bihar-Jharkhand, shadow fog in Delhi, read- IMD's latest update

In many states of the country, the intensity of heavy rains has weakened in the last 4 days. The

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