Supreme Court not bound by judges’ remarks: KG Balakrishnan

December 13th, 2007 - 4:28 pm ICT by admin  

New Delhi, Dec 13 (ANI): Chief Justice KG Balakrishnan has said the Supreme Court is not bound by the recent remarks of a two-judge bench which was critical of judicial activism.
Balakrishnan, while hearing a Public Interest Litigation (PIL) on the plight of widows in Mathura, made this observation.
He made this comment when the petitioner referred to the judicial outreach order of the apex court and said after the recent order, court are refusing to hear the Public Interest Litigations (PIL).
Earlier, in a case pertaining to the humble post of a tractor driver in a Chandigarh golf club, the Supreme Court bench comprising Justice A K Mathur and Justice Markandey Katju made scathing observations on a slew of cases, many of which are still pending before the Delhi HC.
Though they are considered obiter dicta (said by the way), and therefore, not binding, such observations from the apex court could have a chilling effect on judges across the country in dealing with far-reaching PILs.
For all the good that came out of it over 30 years, PIL is certainly open to the charge of being misused sometimes not only by litigants but also by judges. But while decrying the tendency of courts to elbow into the executive’s or legislature’s turf, the bench of Mathur and Katju seemed to have raised the bar too high by declaring: “Judges cannot create a law and seek to enforce it.”
Judging against this exacting standard for PIL, the SC bench gave a long list of pending Delhi HC cases which, in its opinion, “were matters pertaining exclusively to the executive or legislative domain.”
This has raised eyebrows in legal circles as the apex court has tarred all those cases with the same brush, that too without hearing any of the interested parties. (ANI)

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