HC junks Kerala govt plea seeking SIR deferment till local body polls

Considering the plea, the bench of Justice VG Arun asked how can the petition be entertained when the validity of the SIR is being considered by the Supreme Court. The state government was of the view that the apex court in its interim order had only requested the High Courts to keep in abeyance/defer the writ proceedings, if any, filed in the High Courts touching the validity of the SIR in the respective states.

The Kerala government also argued that it was not challenging the validity of the SIR and the petition is only to defer the process till elections to the local bodies are complete.

Advocates Rakesh Dwivedi and M Ajay, who appeared for Election Commission of India, pointed out that some of the petitioners before the Supreme Court are also seeking deferment of the SIR process citing inclement weather and other such reasons.

The bench said, “It will be inappropriate for this court to entertain the writ petition by interpreting the interim order of the Supreme Court and holding the prayer for deferment to be entertainable, dehors the pendency of the challenge against the validity of the SIR itself. Judicial discipline and comity also require this Court to refrain from entertaining the writ petition.”