
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.
There is no harm to the common Muslims from the Waqf Amendment Act, rather it will be beneficial.
At least 276 Covid-19 cases were reported in India during the last 24 hours, taking the total num
After the CJI, another judge was attacked with a shoe; the court gave its verdict on the attacker.
Recently, a man threw a shoe at CJI BR Gavai in the Supreme Court. This incident sparked a new de
Some people participating in the Dussehra rally in the Bidar district of Karnataka barged into an
Maratha Protest: From hunger strike to court order, the crowd did not go out of control due to police restraint; finally, the movement ended
Activist Manoj Jarange had reached Mumbai with thousands of supporters to demand Maratha reservati
Ambani Succession Plan: Isha Ambani will be crowned at Reliance Retail, may be announced today
Mukesh Ambani, one of the world's richest industrialists, is currently working on his success pla
New Delhi: Controversy continues between the ruling and opposition on three new agricultural laws
Taliban has taken over Afghanistan. Every country is surprised by the speed with which the Taliba
Auto Taxi Strike: If you have to go for some important work in NCR today Thursday and tomorrow Fr
Randhir Kapoor clarified for calling himself ill, said- 'Ranbir speaks anything, I have dementia...'
Rishi Kapoor's last film 'Sharmaji Namkeen' was released on the previous day. The eyes of the fan