"If We Hear All Political Issues, What Are Political Representatives Elected For?" CJI Ramana

While remarking that petitions are being filed for 'everything under the sun', the Chief Justice of India NV Ramana on Thursday expressed displeasure towards petitions on political issues being filed before the court instead of relief being sought from the Government.

After a request for urgent listing of a PIL seeking deportation of illegal immigrants was made by Advocate Ashwini Upadhyay, the CJI remarked "Mr Upadhyay, everyday I've to hear your case only, all the problems under the sun, parliament members issue, nomination issue, election reforms, etc. These are all political issues, you go to the government."

The CJI further added " If I agree all your matters to be taken up and orders that are sought have to be passed, what purpose are political representatives elected for? The Lok sabha... the rajya sabha... there are bills we have to pass?"

Advocate Upadhyay responded to CJI's remarks saying that Article 32 of the Constitution exists for this purpose only.

"To make legislations?", the Bench remarked.

"5 crore illegal immigrants are taking away our right to livelihood. The petition seeks to detect, detain and deport illegal immigrants. Notice has been issued to all states." Upadhyay submitted before a bench comprising CJI Ramana, Justice Krishna Murari and Justice Hima Kohli.

Addressing Solicitor General who was present in the court, the Bench said that if the Centre is ready with the counter, it will list the matter.

The PIL filed by Upadhyay in 2017 has sought directions to the Central and State Governments to identify, detain and deport all the illegal immigrants and infiltrators, including Bangladeshis and Rohingyas within one year.

Further directions have been sought to amend the respective laws to make illegal immigration & infiltration, a cognizable non-bailable and non-compoundable offence. 

The petitioners have sought directions to the Central and State Government to declare the making of forged or fabricated PAN Cards, AADHAR Cards, Passport, Ration Cards and Voter Cards and such other documents, a non-bailable, non-compoundable and cognizable offence and amend respective laws accordingly.

According to the petitioner, directions should be issues to identify the travel agents, government employees and other such people, who directly/indirectly provide PAN Card, AADHAR Cards, Ration Cards, Passport and Voter Cards to illegal immigrants and infiltrators and take stern against them.

Case Title: Ashwini Kumar Upadhayay vs Union of India & Ors