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.

0 Like 0 Dislike
Previous news Next news
Other news

Nearly 36,000 patients were found in 24 hours, the highest in 101 days; Active case figures will cross 2.5 lakh today

The number of new Corona patients is steadily increasing in the country. On Wednesday, 35,838 peo

One Nation One Election: 'One country-one election campaign is a means to postpone elections in five states, big claim of lawyer Prashant Bhushan

Well-known Supreme Court lawyer Prashant Bhushan has given a big statement regarding one country,

Ram Gopal Varma came in support of Kicha Sudeep leaving Ajay Devgan on the Hindi language controversy, said- 'North actors are jealous of South actors'

On Wednesday, there was a war of words on Twitter between Bollywood actor Ajay Devgan and Kannada

How did the Air India plane get stuck under the bridge?

You must have seen the plane flying in the sky, running on the runway, but rarely have you seen a

PM Modi will inaugurate the No Money For Terror Conference: Representatives of 75 countries will be included; Pakistan-Afghanistan officials will not come, suspense on China

The no money for terror (NMFT) conference is being organized in Delhi today to stop terror fundin

30 thousand children will be born without a female womb: what is 'baby pod' and how will the newborn be born through it?

In 1999, the Hollywood film 'Matrix' came out, in which it was shown that humans are being prod

UGC Draft: Opinions of experts differ on the opening of campuses of foreign universities, some praised and some said nonsense

The University Grants Commission (UGC) has issued new draft regulations for the establishment of

HBSE Result Out: Haryana Board 10th-12th open school exam result released, less than 40 percent result

HBSE Haryana State Open School Result: The Board of School Education Haryana (BSEH) released the

Coronavirus Updates: 2451 new cases of corona in India in 24 hours, more than two thousand cases found for the third consecutive day

The cases of Coronavirus in the country are increasing continuously. In the last 24 hours, 2451 n

Salman Khan's father is still in the ICU; Aamir Khan visited to inquire about his health and provided a health update.

Salman Khan's father, Salim Khan, was admitted to Lilavati Hospital in Mumbai nine days ago after

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