SC says French turban ban issue beyond its purview

Contending that it has no jurisdiction for safeguarding rights in a foreign land, the Supreme Court on Tuesday refused...

Contending that it has no jurisdiction for safeguarding rights in a foreign land, the Supreme Court on Tuesday refused to pass any directions on a Public Interest Litigation, opposing the decision of France to ban Sikh turban and other symbols attached to the religion.

Hearing a petition filed by a Sikh association, Singh Legal Foundation, which sought the Centre’s intervention to protect the fundamental rights of Indian citizens within the country and abroad, a Bench of Chief Justice KG Balakrishnan, Justices R V Raveendran and M K Sharma said, “We can only protect the fundamental rights of the citizens within the boundary of India. Fundamental rights cannot be protected in a foreign land.”

However, the apex court said any grievances against the French law could be raised in court in that country. It suggested that the Foundation could also take up the matter with the International Court of Justice or even European Court.

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The Foundation had come to the apex court with an appeal against the judgment of the Punjab and Haryana High Court, which had dismissed its petition on June 30, 2007, on the ground of territorial jurisdiction.

“The writs and orders issued by the courts are subject to territorial restraints and, therefore, nothing more can be said about the controversy raised by the petitioner as the laws of sovereign countries have to be tested before the courts which are subject to such sovereign domain,” the HC had said.

The French Government had passed the law banning the conspicuous religious symbols in its schools, including the turban of Sikhs, in February 2004.