'People start fighting political battle ahead of polls': SC flags misuse of court

The Supreme Court on Friday raised concern over a growing tendency to file petitions to use the court as a stage to "embarrass" state governments ahead of assembly elections.

A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul Pancholi pointed out that petitions brought by private parties often appeared calculated to corner state governments.

While doing so, the bench cautioned, such litigants risk dragging the apex court into the political fray.

The court was hearing a plea filed by the Human Rights Foundation on the installation of PVC flexboards in Kerala, where elections will be held later this year.

The bench noted that the petitioner’s counsel, against the backdrop of the upcoming Kerala election, was seeking a direction from the court to restrain the state from this or that.

"How many states will we keep on restraining? The problem is one — people start fighting political battles in this court, whether it is Kerala, or state A or B. All prayers are to embarrass the state government. That will create some difficult situations for them. We issue a direction, and it becomes difficult for them," the bench said.

The petitioner's counsel submitted that there are orders banning PVC flex boards completely in other states and that Mumbai also has a law on it.

Raising the issue with the timing of the petition, the bench told the counsel, ''the Kerala elections are coming. You are seeking to restrain the state government.''

The bench pointed out that the state government has assured the Kerala High Court that it will implement the order. The bench told the counsel that the High Court had said that you can implead yourself in that writ petition, and then the petitioner can canvass its case on validity and enforcement, while the other side can canvass its case that it is invalid and not to be quashed.

"You people want to create some impediment for whatever election campaign...the high court is conscious, they have issued some directions, and if the directions are not complied with, the high court will take care of that. You should continue to fight your issue before the high court," the bench told the petitioner's counsel.

The court granted liberty to the petitioner to approach the high court and disposed of the petition.