The Supreme Court stated today that courts cannot instruct the legislature to create laws in a specific way.
The Supreme Court stated today that courts cannot instruct the legislature to create laws in a specific way. Justices B R Gavai and Augustine George Masih made this remark while reviewing a case related to a February 2024 decision by the Delhi High Court, which dismissed a public interest litigation (PIL) on the matter. The bench noted, “Parliament has developed a new law after thorough consideration. In writ jurisdiction, neither high courts nor the Supreme Court can mandate how the legislature should enact a law,” and they declined to hear the case. The PIL requested that district courts or police provide a copy of the chargesheet to the complainant or victim at no cost.
The lawyer for the Centre pointed to Section 230 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, arguing that the petition was no longer relevant. This section states that when a case is based on a police report, the magistrate must provide the accused and victim with free copies of documents, including the police report and the first information report. However, the petitioner’s lawyer argued that Section 230 does not address the complainant’s or victim’s right to be heard and involved in pre-trial criminal proceedings. The PIL also requested that all district courts notify complainants or victims when taking cognizance, allowing them to exercise their right to participate in pre-trial criminal processes.
The high court referenced a ruling from the Apex Court and changes to the Code of Criminal Procedure, stating that victims or complainants have enough rights to take part in pre-trial and trial processes if they choose to. It also mentioned the rules from the Delhi High Court, highlighting that anyone involved in a criminal case can request copies of the case records by submitting an application. Additionally, the union home ministry instructed all states and union territories in October 2020 to follow a standard operating procedure (SOP) regarding sexual offenses against women and children. The High Court noted, “According to paragraph 23 of this SOP, when submitting a chargesheet, the police must provide a copy to the victim or informant at no cost.”
