Courts can't direct legislature to enact law a particular way: SC
New Delhi(PTI): The Supreme Court on Friday said the courts could not direct the legislature to enact a law in a particular manner.
A bench of Justices B R Gavai and Augustine George Masih made the observation while hearing a plea against a February 2024 order of the Delhi High Court which disposed of a PIL on the issue.
"The Parliament, after considering every aspect, has come out with a new enactment. In a writ jurisdiction, neither the high courts nor the Supreme Court can direct the legislature to enact a law in a particular manner," the bench said, while refusing to hear the plea.
The PIL sought directions to district courts or police to supply a copy of chargesheet to the complainant or victim free of cost.
The counsel appearing for the Centre referred to Section 230 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, saying the petition was infructuous.
The Centre's counsel said Section 230 prescribes, in any case where a proceeding was instituted on a police report, the magistrate should furnish to the accused and victim, free of cost a copy of documents, including the police report and the first information report.
The petitioner's counsel said Section 230 of the BNSS did not deal with the issue of the right of a complainant or victim to be heard and participate in pre-trial criminal proceedings.
The PIL also sought directions to all the district courts to issue notice to the complainants or victims at the time of taking of cognisance to enable them to exercise their right to be heard and participate in pre-trial criminal proceedings.
While referring to an apex court verdict and the Code of Criminal Procedure amendments, the high court said there were sufficient rights given to the victim or complainant to effectively participate in pre-trial and trial proceedings if they so elected.
It had also referred to the Delhi High Court rules and said it was clear that a party to a criminal case was entitled to obtain copies of the record of the case upon filing of an application.
The union home ministry has already issued direction to all states and union territories in October 2020 for the implementation of a standard operating procedure (SOP) over sexual offences against women and children, it added.
"In the said SOP at paragraph 23 with respect to the submission of chargesheet, police has been directed to provide a copy of chargesheet to the victim/informant without any cost," said the high court.
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KSCA expresses disappointment over missing IPL playoffs, says it was ready to host matches in B’luru
Bengaluru: The Karnataka State Cricket Association (KSCA) has issued a clarification stating that it was fully prepared to host the IPL playoffs and final matches in Bengaluru but the fixtures were allotted to other venues.
In a media note, KSCA said it was disappointed with the decision. The association stated that its president, former India cricketer Venkatesh Prasad, had been in touch with the Board of Control for Cricket in India (BCCI) and had formally conveyed the association’s readiness and interest in hosting the matches at the M. Chinnaswamy Stadium.
KSCA said the IPL matches held in Bengaluru this season were appreciated for smooth conduct, crowd management and overall experience for spectators. It said this reflected its ability to handle high-profile matches.
The association also stated that it had sent a detailed communication to the BCCI explaining its preparedness and the operational arrangements followed during the current IPL season. According to KSCA, these systems have been in place since the start of the Indian Premier League in 2008 and were followed consistently, including during previous playoff matches hosted in Bengaluru.
The clarification added that the communication sent to the BCCI was only meant to provide factual and operational details and to bring clarity on logistical and stakeholder-related requirements involved in hosting such matches.
KSCA said that although it had shown willingness and preparedness, the BCCI has decided to allocate the playoff matches to other venues. It added that the reasons for this decision have not been formally shared with the association, but it respects the authority of the board in taking such decisions.
The association further said it remains ready to host matches of national and international importance and will continue to cooperate with the BCCI, franchises, government authorities and other stakeholders for conducting cricket events.
The statement was issued by KSCA official spokesperson Vinay Mruthyunjaya, who also thanked the media and cricket fans for their continued support.
