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

Modi calls for closer ties with Kuwait

New Delhi, Feb 25 (IANS) Prime Minister Narendra Modi Wednesday said India looked forward to fu

WPL Auction: Deepti Sharma was the most expensive marquee player, fetching ₹3.2 crore at Wolverhampton Wanderers in Delhi.

India's Deepti Sharma was the most expensive marquee player in the mega auction for the upcoming

Sayeed is CM again, BJP shares power in Kashmir

Jammu, March 1 (IANS) PDP leader Mufti Mohammad Sayeed Sunday took oath as chief minister of Ja

Australia will check the visa of Khalistanis: Movement of separatist leaders will be monitored, and anti-India propaganda will also be monitored

The government there is now preparing to take strict action on anti-India activities in Australia

Tomato Price: Heatwave and low production increased the prices of tomatoes; RBI's efforts to reduce inflation may backfire

Retail prices of tomatoes have now touched Rs 120 a kg in some parts of the country due to scorch

Bharat Jodo Yatra: Kharge reached Rahul before the election of Congress President, now the crisis in front of the Gandhi family

Pollution has started increasing in Delhi-NCR. Due to this, the air quality in Delhi once again r

Referring to Putin, Defense Minister Rajnath Singh said, 'India does not want to rule the world'; the reason given

Defense Minister Rajnath Singh clarified in a program on Monday that India has no intention of ru

20 Days, 20 Steps: A look At Government’s Measures Against Covid-19 Amid Lockdown

सोमवार को, भारत ने 25 मार्च को प्रधान म

Death Of Corona Positive Doctor In Indore, Uproar

Corona is wreaking havoc in Indore, Madhya Pradesh. The number of corona positive patients has re

Owaisi's target on Modi government said - there are atrocities on women here, but they worry about Afghanistan

New Delhi: After the Taliban's occupation in Afghanistan, women there are scared about their righ

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