Plea against criminal laws: Don’t use courts for political rivalry, Madras high court tells DMK

CHENNAI: Madras high court on Thursday observed that the courts cannot be allowed to be used as platforms to vent the rivalry between political parties. The court made the observation on pleas challenging the three new criminal laws brought in by the Union govt, replacing the IPC, CrPC, and the Evidence Act.

The first bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan made the observation on a batch of pleas moved by DMK organising secretary R S Bharathi and others, seeking to declare Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) as unconstitutional.

The plea was moved on the primary ground that the govt failed to put the laws for consultation in the houses of Parliament before they were given effect. When the plea came up for hearing, the court wondered how the lack of consultation, absence of sufficient members, or lack of opportunity to express opinions could form the basis of a legal challenge to the validity of laws enacted by Parliament.

The judges observed that such grounds cannot be the basis to dispute the legislative competence of Parliament and directed the petitioner to submit any relevant judicial precedents supporting their arguments. Otherwise, the petitions would be dismissed, the court said, and adjourned the hearing to November.

According to the petitioner, proper procedures were not followed when passing the three laws, and they were rushed through Parliament without adequate quorum or deliberation.