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

No charges against Al-Amin from ACSU: BCB president

Dhaka, Feb 25 (IANS) Bangladesh Cricket Board (BCB) presi

Who did Saint Premanand first enthrone? He prostrated himself before him and had his feet washed.

This is the eternal tradition: when two prominent practitioners from different sects met, not onl

Delhi Traffic News: Traffic will remain closed on many roads in Delhi even today, Traffic Police issued advisory

Traffic will remain disrupted on many roads in the national capital Delhi on Tuesday as well. Del

This brilliant smartphone of Redmi will soon enter the Indian market, the company released the teaser

New Delhi: Smartphone manufacturer Xiaomi is preparing to launch its new smartphone soon. The com

Arijit Singh Retirement: Singer Chinmayi Sripada reacts to Arijit Singh's announcement of retirement from playback singing, shares old memories.

Renowned industry singer Arijit Singh has retired from the world of playback singing. Arijit Sing

NIRF Ranking: Loss of three points in the overall ranking, PU reaches 44th position Nirf Ranking: Loss of three points in the overall ranking, PU reaches 44th position

The Ministry of Education released the National Institutional Ranking Framework (NIRF) 2023 repor

National Unity Day: 'Even Sardar Patel would have been surprised...', Congress targets BJP-RSS on Iron Man's birth anniversary

On the birth anniversary of Sardar Vallabhbhai Patel, the Congress party on Friday targeted the B

NEET UG 2022: Due to severe floods in many states, how will the NEET exam be conducted?

NEET UG 2022: Many states of the country are in the grip of severe floods at this time. Hundreds

Infinix Zero 5G 2023: Infinix Zero 5G 2023 may come soon in India, know what will be special in it and with whom it will compete

Infinix Zero 5G 2023 vs Poco X4 Pro 5G: Infinix Zero 5G mobile phone was launched this year. Now

Corona in the country: 3.06 lakh new cases in 24 hours; Sharad Pawar infected, despite record cases, Karnataka lifts weekend curfew

More than 3 lakh new corona cases have come in the country for the fifth consecutive day. Accordi

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