Supreme Court denies Election Commission interim relief on exit polls
New Delhi, September 9 (HT Correspondent)
The Supreme Court today declined to grant any interim relief on the Election Commission's plea for enforcement of its guidelines banning the publication of opinion/exit polls during the five-phase Lok Sabha polls even while placing the matter before a Constitution Bench for consideration on Tuesday.
When the EC's counsel, Mr Harish Salve, sought interim orders from a Bench headed by Chief Justice A.S. Anand in view of the urgency of the issue, the court asked how the EC could seek its intervention for the enforcement of the guidelines. "Can a party ask for mandamus (command) for enforcement of its guidelines," Justice Anand asked .
"Supreme Court should become the executive for follow-up action of EC," the Chief Justice said, adding that these were off-the-cuff remarks to find out the urgency to petition the court under Article 32 of the Constitution for enforcement of the guidelines.
The Bench asked, "If somebody does not follow the guidelines, don't you have any remedy ?" Justice Anand observed that all authorities should act in aid of the Supreme Court but this was a case in which the EC wanted the Apex Court to act in aid of it.
Mr Salve contended that the Election Commission was faced with a situation where its guidelines were not being followed by certain sections of the media, thus prompting it to approach the Apex Court.
The guidelines were issued in public interest to ensure free and fair polls in the country, Mr Salve said adding: "To have these guidelines and people violating them with impunity is destructive of rule of law."
The Chief Justice, while sending the matter to the Constitution Bench, observed that the maintainability of the petition had to be debated keeping in view the right of the media and balance of equity.
Earlier, a three-judge Bench led by Justice S. B. Majmudar heard the matter and referred it to a five-judge Constitution Bench in view of the need to interpret constitutional provisions with regard to the EC's powers. The Bench, however, gave the EC the liberty to mention the matter before the Chief Justice's Bench for appropriate directions.
Attorney General Soli J. Sorabjee, representing the Government, said the Government was not for any confrontation with the EC as reported in some newspapers but only questioned the legal validity of the EC's guidelines on exit and opinion polls. The Attorney-General had said that the guidelines did not have the statutory backing and infringed upon the right to information and freedom of expression.
PTI adds: The Congress has assailed the government for showing "excessive interest" in opposing the EC guidelines banning exit and opinion polls in the SC and said Attorney General Soli Sorabjee should not have appeared on behalf of government in the case.
"Neither government was a party nor was it given a notice by the court, then why did government show excessive interest. Since BJP did not want to (come into the picture), government did it in an indirect way," party spokesman, Kapil Sibal told reporters.
He said it was strange that the Vajpayee Government, which is the "biggest violator" of freedom of expression, has sought to become a party in the case by taking the plea that such a ban was violative of the freedom of expression. |
