We don’t want politics to shift to courts: SC

The Supreme Court on Thursday indicated that it will examine whether political parties can file PILs to espouse people’s cause and said, “We do not want politics to shift to the courts.”

Even as the attorney general Mukul Rohatgi told a Bench of Justices Madan B. Lokur and N.V. Ramana that Swaraj Abhiyan can no longer pursue the PIL as it has decided to form itself as a political party, the Bench said, “our apprehension is that this will shift politics to the courts. We do not want this. We do not want politics to shift to the courts.”

The A-G submitted that the NGO had converted itself into a political party and as such it should be barred from fighting PIL cases irrespective of the fact that EC registration was yet to be done or not. Mr Rohatgi said the application filed by ‘Swaraj India’ before the Election Commission (EC) for registration as a political party was pending. “They have already formed a political party. Just because they (Swaraj India) are not yet registered, does not mean they are not a political party,” he said.

He said that it would be difficult to draw a line between those pursuing electoral gains and other public interest causes inside the court. “All coalesce. So where will you draw the line?” he said urging the court to throw out all PILs filed by parties. He said that political parties have a platform outside to redress their grievances.

The Bench, however, told the A-G that PILs filed by political parties, purely in public interest such as one urging the court to deal with the critical drought situation in the country, could be entertained. “A justiciable issue in public interest can be allowed.”

The A-G said that the government was “working earnestly” to implement the Right to Food Act and said it had circulated the model rules for states. He urged the court to bring the issue to a close as it was intended to secure “political advantages” for the outfit outside.