x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   Online radicalisation: Big digital security challenge in New Year | Decorated IPS Officer Mukesh Singh appointed new DGP of Ladakh | LG flags off group of youth for exposure tour | MHA orders major IAS transfers in AGMUT cadre | No Pak objection will be entertained: Khattar | Accused used ‘Ghost’ SIM cards to communicate with Pak handlers | ‘Over 80% psychiatric patients don’t receive timely care’ | NIA files chargesheet against main shooters | Hideout detected in Baramulla | MeT predicts cloudy conditions | Mughal Road opened for limited traffic | Registration process to commence soon | BJP will make Punjab leading state under leadership of PM Narendra Modi: Saini | Raj Kumar Jarmal Nominated as Publicity Secretary of SC Morcha, BJP Udhampur | ZDPC organizes Mahayagya on eve of Magh Mass | District police arrested 02 thieves, recovers stolen property worth Rs 4 lakhs | SKUAST faculty bag top awards | Somnath Swabhiman Parv – A 1000 Years of Unbroken Faith (1026-2026) | Mission YUVA: From Aspiration to Enterprise | Terror and cooperation can’t coexist | A new chapter in the Himalayas: Northern Railway's Jammu Division forges ahead on the path of new achievements | Sindhu festival a symbol of India’s civilizational roots, national unity, says LG Kavinder Gupta | Javid Dar greets people, Sikh Community on Parkash Purb of Sri Guru Gobind Singh Ji | Javed Rana greets people on Guru Gobind Singh Ji’s Jayanti | Javed Rana greets people on Guru Gobind Singh Ji’s Jayanti | Back Issues  
 
news details
Courts can’t direct legislature to enact law in particular way: SC
2/14/2025 10:20:17 PM
New Delhi, Feb 14:
Agencies

The Supreme Court on Friday said the courts could not direct the legislature to enact a law in a particular manner.
A bench of Justices B R Gavai and Augustine George Masih made the observation while hearing a plea against a February 2024 order of the Delhi High Court which disposed of a PIL on the issue.
“The Parliament, after considering every aspect, has come out with a new enactment. In a writ jurisdiction, neither the high courts nor the Supreme Court can direct the legislature to enact a law in a particular manner,” the bench said, while refusing to hear the plea.
The PIL sought directions to district courts or police to supply a copy of chargesheet to the complainant or victim free of cost.
The counsel appearing for the Centre referred to Section 230 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, saying the petition was infructuous.
The Centre’s counsel said Section 230 prescribes, in any case where a proceeding was instituted on a police report, the magistrate should furnish to the accused and victim, free of cost a copy of documents, including the police report and the first information report.
The petitioner’s counsel said Section 230 of the BNSS did not deal wi
"In a writ jurisdiction, neither the high courts nor the Supreme Court can direct the legislature to enact a law in a particular manner,”
h the issue of the right of a complainant or victim to be heard and participate in pre-trial criminal proceedings.
The PIL also sought directions to all the district courts to issue notice to the complainants or victims at the time of taking of cognisance to enable them to exercise their right to be heard and participate in pre-trial criminal proceedings.
While referring to an apex court verdict and the Code of Criminal Procedure amendments, the high court said there were sufficient rights given to the victim or complainant to effectively participate in pre-trial and trial proceedings if they so elected.
It had also referred to the Delhi High Court rules and said it was clear that a party to a criminal case was entitled to obtain copies of the record of the case upon filing of an application.
The union home ministry has already issued direction to all states and union territories in October 2020 for the implementation of a standard operating procedure (SOP) over sexual offences against women and children, it added.
“In the said SOP at paragraph 23 with respect to the submission of chargesheet, police has been directed to provide a copy of chargesheet to the victim/informant without any cost,” said the high court.
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU