Apex court refuses to hear plea against

THE Supreme Court on Monday refused to entertain a PIL that sought to get food security ordinance quashed,alleging the enabling constitutional provision had been misused for pre-election propaganda and political gains

Written by Express News Service | New Delhi | Published:July 30, 2013 3:51 am

THE Supreme Court on Monday refused to entertain a PIL that sought to get food security ordinance quashed,alleging the enabling constitutional provision had been misused for pre-election propaganda and political gains.

A Bench of Justices T S Thakur and Vikramajit Sen said there was no substantial reason for the apex court to interfere with the government’s move and asked the petitioner to move a high court or any other forum with his grievances. Snubbing the petitioner’s argument that ordinance was merely a political gimmick,the court said it was not going to examine whether the ordinance was passed with a political purpose or not and suggested petitioner advocate M L Sharma to raise other grounds before a high court.

Sharma also pointed that instead of complying with the court’s directive to distribute surplus foodgrain to the needy population,the government chose to get this ordinance passed for a political mileage.

“That is a different matter. We are dealing with that matter in a separate PIL and if you want to raise such arguments,you should try and intervene in that matter,” said the court.

President Pranab Mukherjee had on July 5 signed the ordinance on food security to give the nation’s two-third population the right to get 5 kg of foodgrain every month at highly subsidised rates of Rs 1-3 per kg.

Sharma however claimed that Article 123 of the Constitution,which deals with the power of the President to promulgate ordinances during the recess of Parliament,had been misused as there was no “emergency” situation. “There was no emergency circumstances to issue impugn ordinance hence it does not comply with the terms of Article 123. Therefore,the impugned notification is unconstitutional and is liable to be declared unconstitutional and void,” stated the petition.

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