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

Taarak Mehta Ka Ooltah Chashmah: After 'Daya Bhabhi', now this famous character is leaving the show, knowing the name will give you a big shock

Taarak Mehta Ka Ooltah Chashmah: Whenever it comes to TV's famous comedy shows, the audience like

Move over Krishi Darshan: Now Kisan TV to entertain farmers

New Delhi, March 15 (IANS) Move over Krishi Darshan! Near

Goa nightclub tragedy: They ran to escape, but died on the stairs; decorative leaves fueled the fire.

The dance floor on the first floor of the Birch by Romeo Lane nightclub in Arpora was packed when

Coronavirus and tackling misinformation

डॉ। देबंजन बनर्जी द्वारा

जैसा कि

Coronavirus Updates: 415 Infections In India, 30 Cases Confirmed In Delhi

According to the Ministry of Health, the number of positive cases of corona virus (COVID-19) in I

"How Do We Know": Trump Doubts China's Official Coronavirus Death Count

वाशिंगटन: अमेरिकी राष्ट्रपति डोनाल्

Adani Group: Adani Group took a loan of three billion dollars from Sovereign Wealth Fund! Option to increase the limit

After the report of Hindenburg Research, relief news has come for the creditors (lenders) from Ad

Bids opened for captive port in Udangudi power project

Chennai, March 20 (IANS) The bids for a captive port for handling coal for the proposed Udangud

Russia's bet may backfire: If the war goes on for more than 10 days, Russia will be on the verge of pauperism, the misunderstanding of the early occupation of Ukraine

The real purpose of the Russian attack against Ukraine was to prevent it from going to NATO, but

Some middle-class views on AAP's first-class win (Comment)

The AAP's clean sweep of the Delhi assembly polls is a remarkable display of people power. The o

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