A bench comprising Justices B R Gavai and Augustine George Masih made this observation while hearing an appeal against a Delhi High Court order from February 2024.
New Delhi, Feb 14: The Supreme Court of India has ruled that courts cannot instruct the legislature on how to frame laws.
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A bench comprising Justices B R Gavai and Augustine George Masih made this observation while hearing an appeal against a Delhi High Court order from February 2024.
Parliament Decides on Laws, Not Courts
The Supreme Court emphasized that making laws is the responsibility of Parliament.
The bench stated,
“The Parliament, after considering every aspect, has come out with a new enactment. In a writ jurisdiction, neither the high courts nor the Supreme Court can direct the legislature to enact a law in a particular manner.”
The court dismissed the plea and refused to intervene in the matter.
Background
A Public Interest Litigation (PIL) had been filed seeking a directive to district courts or the police to provide a free copy of the chargesheet to the complainant or victim. The petitioner argued that victims should have the right to access legal documents without any cost.
However, the Centre’s counsel pointed to Section 230 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and claimed that the petition was unnecessary. According to him, this section already ensures that both the accused and the victim receive copies of essential legal documents.
The government lawyer clarified that “Section 230 prescribes, in any case where a proceeding was instituted on a police report, the magistrate should furnish to the accused and victim, free of cost, a copy of documents, including the police report and the first information report.”
However, the petitioner’s counsel argued that Section 230 did not cover the complainant’s or victim’s right to be heard and participate in pre-trial proceedings. The PIL also sought a directive that district courts must notify complainants or victims when cognizance is taken so that they can participate in pre-trial proceedings.
The Delhi High Court had earlier ruled that existing laws provide enough rights for victims or complainants to be part of the legal process. It referred to a Supreme Court judgment and amendments to the Code of Criminal Procedure, stating that victims can effectively participate in pre-trial and trial proceedings if they wish.
The court also noted that as per Delhi High Court rules, any party involved in a criminal case can obtain copies of case records by filing an application.
Additionally, the Union Home Ministry had issued directions to all states and union territories in October 2020 to implement a standard operating procedure (SOP) for cases related to sexual offences against women and children.
The high court cited this directive and pointed out, “In the said SOP at paragraph 23 with respect to the submission of chargesheet, police has been directed to provide a copy of chargesheet to the victim/informant without any cost.”
With these observations, the Supreme Court refused to entertain the PIL, affirming that sufficient legal provisions exist to protect victims’ rights.
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