Courts must respect political compulsions of govt in a democracy: SC

NEW DELHI: Samanwaya.Rautray@timesgroup.com New Delhi: A day after the judiciary came under criticism from the Union government over alleged judicial overreach, the Supreme Court said that courts should respect “political compulsions” of the government in a democracy while refusing to ask the Centre to ratify the international convention against torture.

A three-judge bench led by Chief Justice Dipak Misra and justices AM Khanwilkar and DY Chandrachud dismissed several cases pleading for its intervention, including retaining forces in restive Darjeeling and Siliguri districts and a PIL demanding intervention to ensure that panchayat polls were held in Tamil Nadu.

The Kolkata high court had directed the forces to stay on to ensure peace in the Darjeeling hills but it was criticised as an example of judicial overreach at the two-day national law day functions at Vigyan Bhavan on Sunday. At the attorney general’s insistence the bench allowed the central forces to be pulled out in phases.

“We need forces for elections and for borders,” attorney general KK Venugopal told the bench. Justice Chandrachud refused to direct the government to ratify the UN conventions on torture.

“Can we ask Parliament to make a law to this effect,” the CJI wondered. “Courts must respect the political compulsions of a government in a democracy,” Justice Chandrachud said.