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This is an archive article published on July 29, 2013

SC refuses to entertain PIL on food security ordinance

Court cannot examine the ordinance on the ground that there is political dimension behind it.

The Supreme Court today refused to entertain a PIL challenging the food security ordinance promulgated by the government three weeks ago.

A bench comprising justices T S Thakur and Vikramajit Sen declined to hear the PIL and asked the petitioner to approach the high court for redressal of his grievances.

The court passed the order on a petition filed by advocate M L Sharma alleging that the Centre has brought the ordinance for political purposes and the court should examine its validity.

The bench,however,made it clear that the court cannot examine the ordinance on the ground that there is political dimension or objective behind it.

It asked the petitioner to approach the high court to raise other grounds for challenging validity of the ordinance.

The petition sought quashing of the ordinance alleging that the constitutional provision has been misused for pre-election propaganda and political gains.

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 kgs of food grains every month at highly subsidised rates of Rs 1-3 per kg.

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The petition said Article 123 of the Constitution that deals with the power of the President to promulgate ordinances during the recess of Parliament has been misused as there was no “emergency” situation.

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