Chief Justice of India N V Ramana on Thursday voiced anguish over Supreme Court being burdened with the onus of deciding politically sensitive issues on which the elected government must take a call.
“If I agree all of your matters to be preoccupied and orders that are sought must be passed, what purpose are political representatives elected for?…the Lok Sabha… the Rajya Sabha?”, the CJI asked, wondering if the court will now must pass Bills too.
The CJI posed the query to Advocate Ashwini Upadhyay, who had approached the highest court with a prayer to direct the govt to spot, detain and deport all illegal immigrants within a year.
On January 31, 2018, the court directed that his petition be tagged with another plea filed by two Rohingya refugees in September 2017 and directed that a replica of it's served on the central government counsel.
The two Rohingya refugees had moved the court following a letter issued by the Ministry of Home Affairs to Chief Secretaries of all states and Union Territory administrations, “advising them to sensitise all the enforcement and intelligence agencies for taking prompt steps and initiating deportation processes”.
Subsequently, the 2 refugees filed an interlocutory application against any likely try to deport members of the Rohingya community living in Jammu, which was rejected on April 8, 2021.
Meanwhile, on March 26, 2021, it also issued notice to the Centre and states on Upadhyay’s petition. As his plea wasn't listed for hearing thereafter, Upadhyay took it up with the CJI on Thursday during mentioning hours when matters that need urgent hearing are dropped at the eye of the CJI.
Seeking urgent hearing, he said, “Five crore illegal immigrants are taking out our right to livelihood.”
“Mr Upadhyay, everyday i've got to listen to your case only. All the issues under the sun, Parliament members issue, nomination issue, election reforms, etc. These are all political issues being filed before the court rather than relief being sought from the govt.,” responded the CJI before happening to voice concern over the court being burdened with sensitive political issues that governments must take a turn.
Upadhyay submitted that some states had filed their replies. Turning to law officer Tushar Mehta, the CII said, "If you have got a counter-affidavit ready, then we will list the case." Mehta, however, said he was unaware of the case.
Upadhyay has filed PILs within the Supreme Court on an entire range of issues. Among them: seeking a regular divorce code for people cutting across religions; uniform adoption and guardianship laws; statutory status for Law Commission of India; implementation of two- child norm; and minority status for Hindus in states where their numbers have gone below others as per the 2011 census.