Satish Sharma case: SC won’t alter Govt stance

“We are not a super power. We can’t issue this direction or that direction,” Chief Justice of India K G Balakrishnan remarked on Friday...

“We are not a super power. We can’t issue this direction or that direction,” Chief Justice of India K G Balakrishnan remarked on Friday, while refusing to alter the Government’s decision of not granting prosecution sanction for former Petroleum Minister Captain Satish Sharma.

“We will not issue any directions which are contrary to law,” the CJI remarked while brushing aside the contention put forth by counsel Prashant Bhushan, who appeared for the NGO Common Cause, seeking directions to the Government to bring in a suitable Bill for setting up Lok Pal, an independent authority to investigate corruption cases involving high-level functionaries.

“This court cannot issue any direction to Parliament to pass a Bill. Not even for issuing a notification,” the Chief Justice emphasised, at a time when the judiciary is being blamed for usurping legislative and executive powers.

“How can this court issue any such direction?” the Bench, also comprising Justices R V Ravendran and Tarun Chatterjee, asked the petitioner who pleaded for direction to the Government for bringing in the proposed Bill for Lok Pal. “While the institution of Lok Pal was envisaged to check cases of political corruption, the political will to see that it does not come through is evident from the fact that it is hanging fire for the last 70 years,” the advocate argued.