New Delhi: Against the backdrop of allegations of judicial overreach by a section of BJP leaders, the Supreme Court on Monday asked a lawyer if he wanted the court to issue a mandamus directing the Union to impose President's rule, while pointing out that the apex court was accused of intruding in parliamentary and executive functions.
The lawyer sought a direction to the Centre to consider issuing necessary directions to the state government under Article 355 of the Constitution, given violence in Murshidabad, during the protests against the Waqf Amendment Act.
The matter was mentioned by advocate Vishnu Shankar Jain before a bench led by Justice B R Gavai and comprising Justice Augustine George Masih. Justice Gavai, on the mention of the matter by the lawyer, said, “You want us to issue mandamus directing the Union to impose President's rule?” said Justice Gavai. He then added, “As it is, we are alleged of intruding on parliamentary and executive functions…”
Recently, some BJP leaders had made controversial remarks on the judgment that effectively set a deadline for the President and governors to clear bills passed by the legislature for the second time.
During the brief hearing today, Jain said he was seeking the implementation of Article 355 of the Constitution. Jain said there is a need for immediate deployment of paramilitary forces, and his pending plea, filed after post-poll violence in Bengal in 2022, is listed for hearing tomorrow.
Article 355 of the Constitution outlines the duty of the Union (Central Government) to protect every state against external aggression and internal disturbances, and to ensure that each state's government operates according to the Constitution. This includes ensuring that the state government functions in accordance with the provisions of the Constitution.
A plea filed by Ranjana Agnihotri and others is pending before the apex court. The additional application filed in the matter sought the setting up of a three-member committee headed by a retired Supreme Court judge to inquire into the violence that transpired in Murshidabad in connection with the Waqf Amendment Act. The application also sought directions from the central government to deploy paramilitary forces in the disturbed areas of West Bengal. “Direct the central government to consider issuing necessary directions to the state government under Article 355 of the Constitution”, said the application filed by Jain. The matter is scheduled to come up for hearing on Tuesday.
Another matter came up before the bench, where the petitioner sought a direction to the Centre to take appropriate steps to prohibit streaming of sexually explicit and pornographic content on OTT and social media platforms.
Justice Gavai, while hearing the plea, said, "Who can control it? It is for the Union to frame a regulation in that regard." "As it is, we are now criticised that we are interfering with the executive's function, the legislative functions," Justice Gavai told advocate Vishnu Shankar Jain, who was appearing in the matter. Jain submitted before the bench that it was a very serious matter. After hearing Jain's submissions, the bench scheduled the matter for further hearing next week.
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