New Delhi: The Supreme Court on Friday junked a PIL seeking a direction that all the MPs and MLAs should be digitally monitored, saying how could court pass a direction to put chips on the lawmakers, which is done for felons, and pointed out that MPs/MLAs have a right to privacy.
A three-judge bench led by Chief Justice of India D Y Chandrachud and comprising Justices J B Pardiwala and Manoj Misra said: “We cannot put some chips on their legs and hands to monitor what they do. We do it only in the case of a convicted felon, who you apprehend is likely to flee justice…how can we digitally monitor, there is something called right to privacy…”. The apex court was hearing a PIL by Surinder Nath Kundra seeking a direction to digitally monitor all MPs and MLAs in the country.
Kundra, who was appearing-in-person, requested the court to present his case and why he is seeking this direction. The CJI warned the petitioner that he is utilizing public time and court may direct him to deposit the cost, and “it is not our ego, it is public time and there are so many other matters….”.
Kundra requested the bench to allow him to present his case and contended that the people of the country elect these MPs and MLAs and their job is to present the people. “After getting elected under the Representation of People Act, these MPs/MLAs start behaving as rulers…”, said Kundra.
The CJI said the petitioner cannot say that about every MP/MLA and “you may have particular grievances against one person and you cannot make a charge against all MPs….”.
Kundra said the people are the ultimate authority of the nation and MPs/MLAs are public servants and the ultimate authority should be making laws and not the servants. The CJI said, “how will individual citizens make laws? In democratic countries.... Laws have to be moved/passed in the Parliament by elected representatives of the people…..”.
“People will say why do we need judges, we will decide justice on the streets. We find somebody is a pickpocket and according to us this person should be killed, we do not want that to happen. Therefore, every democratic society has judges who decide in an institutional way…”, said the CJI. Kundra insisted that the Constitution is under danger.
The CJI told the petitioner that MPs/MLAs have their own life at their home and they are with their families, do we put some chips on their shoulders to monitor them 24/7. Kundra said those who are so touchy about their privacy should apply for the job. After hearing petitioner’s submissions, the bench dismissed the petition without imposing costs on the petition.
