The Madras High Court on Thursday cautioned that courts cannot be turned into political platforms, while hearing a batch of petitions challenging the constitutional validity of India’s three new criminal laws.
The petitions, filed by DMK secretary (organisation) R.S. Bharathi and several others, challenge the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adiniyam (BSA) — which came into force in July this year, replacing the Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and Indian Evidence Act, respectively.
The case came up before a division bench comprising Chief Justice M.M. Srivastava and Justice G. Arul Murugan.
Counsel for the petitioners argued that due parliamentary procedure was not followed when the three laws were enacted. In their submission, they claimed that the Bills were passed in haste.
Responding to these arguments, Chief Justice Srivastava questioned the maintainability of such challenges, asking, “How can you file a case against these laws merely on the ground that proper consultation was not held or that there were not enough members present?”
The bench observed that the competence of Parliament to enact laws cannot be questioned on such procedural grounds. The judges instructed the petitioners’ counsel to cite relevant judicial precedents supporting their claim. “If there are no judgments in support of your arguments, the petitions will be dismissed,” the bench said.
During the proceedings, one lawyer informed the court that the case had been filed by the DMK, and that another party intended to file an intervention petition supporting the new laws.
The bench refused to entertain such intervention, saying that those seeking to support or oppose the laws may file separate petitions.
Reiterating the need to maintain judicial decorum, the bench remarked, “The court cannot be allowed to be turned into a political platform.”
Following the exchanges, the division bench adjourned the hearing to the third week of November to allow the petitioners time to produce relevant case laws or precedents to support their arguments.
The three new criminal laws — BNS, BNSS, and BSA — have been described by the central government as modernised replacements for colonial-era legislations, while opposition parties, including the DMK, have alleged that they were passed without adequate debate or consultation.
Follow us
