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

SRH vs CSK: Not Ruturaj Gaikwad, this player will change the luck! You can bet on these eleven players

Sunrisers Hyderabad (SRH) and Chennai Super Kings (CSK) will be eyeing a winning comeback when th

HC upholds 10-year jail term for Chautala, Son

New Delhi, March 5 (IANS) The Delhi High Court on Thursday upheld a 10-year jail term for forme

Why is America threatening Saudi Arabia with consequences? because of this fury

Saudi Arabia, one of the closest countries to America, seems to be taking its path. There could b

GT vs RCB: After the Defeat, Rajat Patidar Lashes Out at Batsmen; Heaps Praise on Shubman Gill's Innings.

Royal Challengers Bangalore, currently in magnificent form this season, suffered a defeat against

These are the top 10 richest families in the world, know how much their total wealth is

The global economy has seen a huge decline since March because somewhere the coronavirus has slow

Vivo T5 Pro 5G Price Hiked Again: 9,020mAh Battery, Snapdragon 7s Gen 4 and 144Hz AMOLED Display

Vivo has reportedly increased the price of all RAM and storage variants of its T5 Pro 5G smartpho

Yogi said in the assembly: Taliban supporters should be ashamed, there is a massacre of women and children

Uttar Pradesh Chief Minister Yogi Adityanath has launched a scathing attack on those who support

Rahul Gandhi: Many parts of Rahul Gandhi's speech in Lok Sabha were removed from the record, he had commented on Hindus

Many comments from the address given by Leader of Opposition Rahul Gandhi in Lok Sabha on Monday

Bangladesh in turmoil, anger spills over into India: Fury witnessed in Tripura, BJP outraged by mob lynching; disturbing images emerge.

Violence has erupted in Bangladesh following the death of opposition leader Osman Hadi, a critic

Sales of iPhone-12 and iPhone-12 Pro started in India today, know what are the special offers and where will be available

The sale of iPhone-12 and iPhone-12 Pro has started in India today. But these handsets will be av

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