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

Vicky Kaushal: Vicky Kaushal congratulated 'Sam Bahadur' on winning the National Award, knowing in which category the film won

This year, Hindi cinema achieved success on many fronts in the 71st National Film Awards. Vicky K

Maidaan: Before the release of Maidaan, a big blow to the film's producer Boney Kapoor, the court gave this order, to know the matter

Filmmaker Boney Kapoor himself was embroiled in legal trouble as a vendor accused him of not payi

Uttarakhand Election: Harak Singh Rawat joins Congress, expelled from BJP for anti-party activities

Former cabinet minister Harak Singh Rawat, who was expelled from the BJP for six years, has joine

Aruna Miller: Another woman of Indian origin who has created history in America, and will handle this big responsibility

Indian-origin Aruna Miller has created history in America. Aruna has won the election of lieutena

Government braces up for tough budget session, 44 items on agenda

New Delhi, Feb 21 (IANS) The government is bracing up for budget session beginning Monday where

CBI claims: Change in liquor policy happened at the behest of Kejriwal, bribe was demanded; many allegations in the new supplementary charge sheet

Delhi Chief Minister Arvind Kejriwal's troubles are not decreasing in the CBI corruption case rel

RCB vs SRH match became historic, biggest record of T-20 cricket broken; Royal Challengers Bangalore did wonders even after losing

The most amazing match in T-20 cricket history was played on Chinnaswamy's ground. There was non-

Sikh Pack Free Meals For Over 30,000 In Self-Isolation In New York

न्यूयार्क: न्यू यॉर्क के सिख सेंटर ने

Donald Trump: Trump wants ownership rights over Gaza, said- if needed we will send our army too

US President Donald Trump has given a big statement saying that he wants America to take ownershi

UP orders assessment of damage to crops after rain, hailstorm

Lucknow, March 2 (IANS) Following large-scale damage to standing crops in many districts after

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