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

Today in T20 World Cup, AUS vs SL: Challenge of Sri Lankan spinners in front of Australian batsmen, many important records can be made in the match

The 22nd match of the tournament will be played between Australia and Sri Lanka in T20 WC today.

Actor's pain: Naseeruddin Shah is suffering from onomatomania disease, himself told the meaning of the disease

Bollywood actor Naseeruddin Shah is battling a disease called 'Onomatomania'. He has given inform

Delhi-NCR's air is breathless due to haze and smoke, and AQI crossed 450; The third level of GRAP may be implemented soon

A layer of haze enveloped Delhi on Saturday morning and the air quality in the city inched near t

Parliament Security Breach: Gurugram Police is investigating the horoscope of Vicky and Lalit, there may be many revelations

Gurugram Police is gathering information about Lalit Jha, who was among the accused who breached

Gmail Account Warning: Avoid This Common Mistake or Risk Losing Access to Your Gmail ID

Users subscribing to select Jio and Airtel recharge plans that include complimentary Google One c

Gadkari appears in court, quizzed by Kejriwal lawyer

New Delhi, March 21 (IANS) Union minister Nitin Gadkari appeared in a court here on Saturday in

Flight Accident: Chaos on Hawaiian Airlines flight, 11 passengers seriously injured

At least a dozen people were seriously injured after a crash aboard a flight from Phoenix to Hono

KVS Admissions 2022: Admission rules changed in Kendriya Vidyalayas, if the MP quota ends, then Army and Kovid quota remain intact

KVS Revised Admission Guidelines: Taking a big step as per its earlier announcement, the Central

Nothing Phone 4b RCB Special Edition Launches July 7: Bengaluru Store Sale Time, Price Expectations and Details

London-based smartphone brand Nothing is set to launch its first 'b' series smartphone, the Nothi

Bihar Politics: The Country's first economic survey report based on caste was presented; SC is the poorest and the general category is the least poor.

Today is the second day of the winter session of the Bihar Legislature. As soon as the session st

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