In a recent blog, it is contended that Supreme Court is exceeding its Jurisdiction and it is interfering in policymaking domain of executives.
In support of above contentions,three points are cited :
1) Supreme Court should NOT monitor Gangs Cleaning Project.
2) Supreme Court Should NOT have set up Social Justice Bench. These are all government's policy decisions.
3) Supreme Court has NO power to select investigators or prosecutors in sensitive cases.
My answers are follows:
1) All so called River Cleaning Projects have potentials to become scams. Cleaning chemicals and sand dropped in water are washed away. No way to verify. Crores of rupees of public money are debited on this account by manipulating payment vouchers. In past, Supreme Court has found such scam in Yamuna Water Cleaning Project, Taj Mahal, etc. When a PIL is filed, it is duty of Supreme Court to monitor it to protect public money.
2) Setting up a Social Justice Bench is purely an administrative order by CJI to allot certain category of cases to a particular Bench. There is nothing new in it. The cases which are pending before different courts will now be heard by one court to maintain consistency.
3) Thirdly, About power to for Special Investigation Teams and to appoint prosecutors are decided in previous cases after lengthy debates. The law is settled here.
The General principle is, in any area, where, Executive or Legislative are not doing what they ought to be doing' when they are not taking any decision one way or other, Supreme Court and High Courts can step in.
Haresh Raichura
8/12/14
Copyright Haresh Raichura. All rights reserved.
