Supreme Stand: Courts Can't Direct Legislature on Lawmaking

The Supreme Court emphasized that neither it nor high courts can direct the legislature on how to enact laws. This was in response to a plea challenging a Delhi High Court order. The plea sought free chargesheet copies for complainants, which the Centre argued was already covered under Section 230 of BNSS, 2023.

The Supreme Court has reiterated its stance that courts cannot compel the legislature to enact laws in a predetermined manner. This pronouncement came during a hearing concerning a public interest litigation (PIL) challenging a February 2024 Delhi High Court order related to chargesheet provisions.

Justices B R Gavai and Augustine George Masih refused to entertain the petition, which sought directions for district courts and police to supply free chargesheet copies to complainants or victims. The bench remarked on the autonomy of Parliament in enacting laws after due consideration.

The Centre's counsel highlighted that Section 230 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, adequately addresses supplying free documents to victims and accused. Despite this, debate continues regarding victims' participation rights in pre-trial proceedings. Meanwhile, existing protocols ensure victims access necessary legal documents.