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

Rahul Gandhi: Rahul called Sonam Wangchuk's detention unacceptable, and said- PM Modi will have to listen to the voice of Ladakh

Leader of Opposition in Lok Sabha Rahul Gandhi called the detention of climate activist Sonam Wan

Coronavirus Outbreak : 2 Suspected Cases in J&K PM Modi Warns Against Rumour-mongering

Twenty-one people on board a cruise ship stranded off the coast of San Francisco have tested posi

Maxwell comfortable being Australia’s main spinner

Brisbane, Feb 18 (IANS) With Xavier Doherty unlikely to play many if any matches this World Cup

'If you want to abuse me, let me...' Anurag Kashyap apologized with sarcasm, he had given a controversial statement about Brahmins.

These days, the controversy over the movie Phule is in the news. After watching the trailer, the

Then the danger of corona increased: more than 500 cases in Delhi for the second consecutive day, cases found in more than 25 schools of Noida-Ghaziabad

Along with the world, an increase in new cases of the corona is being recorded in India as well.

IND vs SA: Sunil Gavaskar sends a strong message to Gambhir-Agarkar in the name of Karun Nair and Sarfaraz Khan

The Indian team, true to its reputation, performed poorly in the Kolkata Test against South Afric

Delhi Air Pollution: Grape-4 restrictions implemented in Delhi-NCR, a ban on diesel vehicles; AQI still at a critical level

The air quality is continuously deteriorating in Delhi-NCR. Due to this, the fourth phase of grap

Manoj Kumar Last Rites: Emotional tribute paid to Manoj Kumar, Amitabh-Prem Chopra shared golden memories

Veteran Hindi cinema actor Manoj Kumar has merged into the five elements. 'Bharat Kumar' was crem

KL Rahul on IND vs SL: Vice-Captain Reveals India’s Preparation Strategy for Sri Lanka Test Series

Team India vice-captain KL Rahul has opened up about his preparation and approach ahead of the Sr

Weather Update Today: Heavy rain alert from Himachal to Chhattisgarh, How will the weather be in Delhi-NCR?

Weather Update Today: According to the India Meteorological Department (IMD), active monsoon cond

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