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Don`t usurp the role of legislature, executive: SC judge

Last Updated: Wednesday, July 28, 2010 - 20:42

New Delhi: A Supreme Court judge has
criticsed the tendency of the apex judiciary to step into
the domains of the executive and advised that "judges should
be in their limits."

Justice Markandeya Katju said it was not the job of the
judiciary to outsource government work like directing
formation of monitoring committees in matters which are purely
in legislative or executive domain.

The judge, while dealing with a 14-year-old rice mill
takeover dispute, said the judiciary should restrict its role
to issuing mandamus (directions) to the bureaucrats rather
than forming monitoring panels.

"Supreme Court Judges should be in their limits while
giving such direction (Supreme Court Court ke Judge ko haisiyat me
rahna chahiye)".

He said "I have been raising my voice against such orders
and would continue to do so".

"Badshahat nahi hai ki jo marji me aaya wo kar de (This
is not a monarchy in which judges would do as as they want)",
he said during the hearing by the Bench which included Justice
T S Thakur.

Justice Katju`s remarks came during the hearing of a
case in which a company from Bihar sought implementation of a
1996 SC judgement that had constituted a monitoring panel to
revive a dead paper mill.

"Judges must understand their limits. I am against
outsourcing of judicial work. What is a monitoring committee?
Is it the function of the judiciary?" said Justice Katju.
He said courts had the power to issue mandamus (order
to the executive) but that "doesn`t mean panels should be
formed for sealing or banning of giving alms".


First Published: Wednesday, July 28, 2010 - 20:42
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