SC no to immediate hearing on petition on Lokpal
New Delhi: The Supreme Court on Wednesday declined
to give immediate hearing on a petition seeking to restrain
the government from circulating the draft of the proposed
Lokpal Bill to parliamentarians.
A vacation bench comprising justices P Sathasivam Reddy
and A K Patnaik said the matter of the Lokpal bill is still
under discussion and there is no need to interfere at this
"It is still under discussion. Why should we discuss here
at this stage? Let them solve it first, then it would come
before us," the bench said asking the petitioner M L Sharma to
get the matter listed after the summer vacation.
The bench said it is the right of parliamentarians to
discuss the draft Bill. Its remarks came while negating the
submission of the petitioner that it was against the
"Do you think that the draft would be made law before
Monday? We do not know when it would be solved. If it is
solved, then we are ready to sit on Saturday," the bench said.
The apex court's remarks came after Sharma submitted that
the Joint Drafting Committee was not a legal advisory
committee to draft a Lokpal Bill but is a parallel committee
for consideration of a civil society petition on Lokpal Bill.
"Civil society petition committee is deciding policy
and preparing the final report with pre-consent of the members
of parliament to put it in the House. ....it cannot be said to
be an advisory committee by any stretch of law," the
He further submitted that as per law, Secretary
General of the House receives the proposed draft Bill. After
that, the House standing committee evaluates, arranges and
prepares and introduces a bill on the floor and the Joint
Drafting Committee can not violate it.
"Respondent's action to circulate and give up petition
of the civil society members either to the cabinet or among
the members of parliament is a serious violation of the rule
framed under Article 118," the petitioner alleged.
Article 118 of the constitution elaborates the rules
and procedures for conduct of business of parliament.
He further requested the court to "prohibit the
respondent to accept /circulate draft petition of civil
society member among members of Parliament for their approval
as contrary to the existing rule of the Lok Sabha".
The petitioner further requested the bench to
declare the "respondent's action as a fraud upon judicial
proceedings, parliament as well as upon the constitution".