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

NHRC notice to Maharashtra over attack on social activist

New Delhi, Feb 18 (IANS) The NHRC has issued notice to the Maharashtra government after a socia

Disabled: Big decision of the Center - No adjustment of the meritorious disabled selected in the general category in the reserved category

The meritorious Divyang selected in the general category will no longer be accommodated in the re

Approval of the world's first nasal corona vaccine: Made by Bharat Biotech, will be used as a booster dose; Will be available in private hospitals from today itself

The Government of India has approved the world's first nasal corona vaccine. Hyderabad-based Bhar

India summons Pakistan envoy over Lakhvi's release

New Delhi, March 13 (IANS) India summoned Pakistan High Commissioner Abdul Basit on Friday and

'God saved me' When Trump remembered the attack at the Republican Party's convention, he said- If I had not moved my head...

Donald Trump's attack Politics is at its peak in the wake of the presidential election in America

Cyclone Remal: At some places trees and pillars were uprooted... at some places houses became debris, Cyclone 'Remal' left a trail of devastation in Bengal, one person lost his life

Cyclone 'Remal' has caused massive devastation after hitting the coasts of Bengal. This severe cy

On Deepika Padukone's demand for 8 hours shift after she was out of 'Spirit', Ram Gopal Varma said- 'Right to refuse...'

In the glamorous film industry, stars do not have any fixed time for shooting. Some have to shoot

Biden called President Putin a war criminal, said - will give other deadly weapons including anti-aircraft guns to Ukraine

US President Joe Biden has called Russian President Vladimir Putin a war criminal for his attacks

NEP 2020: Union Home Minister Amit Shah said - New National Education Policy will make India a world guru again

Two Years of National Education Policy (NEP 2020): Union Home Minister Amit Shah on Friday said t

Heeraben Passed Away: Worked in other's homes, lived a simple life... this is the identity of PM Modi's mother Heeraba

Prime Minister Narendra Modi's mother Heeraba Modi passed away on Friday. When the marriage took

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