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Don't enter executive's domain: SC to judges

Last Updated 10 December 2016, 18:50 IST

 The Supreme Court has advised judges not to enter the domain of executives and indulge in policy making by passing generalised directions.

It said the courts must confine themselves to adjudication of the dispute in question only.

“A judge should not perceive a situation in a generalised manner. He ought not to wear a pair of spectacles so that he can see what he intends to see. There has to be a set of facts to express an opinion and that too, within the parameters of law,” a bench of Justices Dipak Misra and Amitava Roy said.

The apex court did not appreciate certain directions issued by the Allahabad High Court for separating investigation and prosecution wing of the Uttar Pradesh, saying those fell in the legislative domain and some of them were beyond the scope of litigation.

The Uttar Pradesh government challenged the directions issued by the high court, saying those required amendment into the Criminal Procedure Code and the Indian Penal Code before implementation.

“The directions may definitely show some anxiety on part of the judges, but it is to be remembered that directions are not issued solely out of concern. They have to be founded on certain legally justifiable principles that have roots in the laws of the country,” the bench said.

“We are of the convinced opinion that the high court has crossed the boundaries of the controversy that was before it. The courts are required to exercise the power of judicial review regard being had to the controversy before it. There may be a laudable object in the mind but it must flow from the facts before it or there has to be a specific litigation before it,” the bench said.

The top court set aside the high court’s judgement and reminded the state government that it is their duty to maintain law and order and if there is a failure, the executive is to be blamed.


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(Published 10 December 2016, 18:50 IST)

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