Wednesday, February 18, 2015

Can't bar tainted netas from fighting polls: SC

The Supreme Court on Wednesday said the judiciary could not restrain tainted people from contesting elections as it could not enter the domain of the legislature, which alone was competent to enact a law on this issue.

A bench headed by Chief Justice H L Dattu said the idea of restraining people against whom a court had framed charges for committing heinous offences looked very "attractive and noble" but the court had its limitation and it could not pass such an order.

"In the name of judicial activism, we cannot enter into an area belonging to Parliament. Separation of power is a basic structure of Constitution and we must respect it," the bench, also comprising Justices A K Sikri and Arun Mishra, said.

"It is for Parliament to decide. They know how to run the country and who should run for election. We should not step in," it added.

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