New Delhi: he Supreme Court on Tuesday decided to set up a five-judge Constitution Bench…
NEW DELHI,KRISHNADAS RAJAGOPAL: Noting that the Centre and the Army, and not the Supreme Court, are the best judges to decide matters of national security and threat perceptions to the country, the apex court on Wednesday refused to entertain a petition to direct the government to stop funding separatists in the Valley State of Jammu and Kashmir.
“What is to be done for the security of the nation is best left to the Executive and the Army. Let it be noted that in issues like these courts have a minimum role. These are nationally sensitive issues, for they belong to the arena of the security of the nation,” Justice Dipak Misra, who headed the Bench along with Justice U.U. Lalit, observed.
The Bench took offence to the petitioner, advocate M.L. Sharma, using the term “terrorists” to describe the various groups in Jammu and Kashmir.
“Unless somebody is arrested or convicted for a terror offence, you cannot brand them terrorists. We will not tolerate that in this court,” Justice Misra hit out at Mr. Sharma.
Giving a stern message to courts that such PILs should neither be entertained nor encouraged by the judiciary, the Bench observed in its written order dismissing the plea that “we are of the considered opinion that grant of funds to the State of J&K for purposes of security or otherwise is within the exclusive domain of the Central government”.
During the hearing, Mr. Sharma said th separatists were a “big threat” to national security. He named separatists leaders.
“Neither I nor my brother judge is concerned with any names here,” Justice Misra stopped him.
Then Justice Misra asked the lawyer: “Tell us, who has to protect the country?”
“Only judiciary is left to protect this country.
“No. Judiciary is here to protect our constitutionally permissible values… You say there is a threat perception? For that, there is the Centre and the Army to control the situation,” Justice Misra retorted.