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CJI: SC role not to micromanage issues arising all over the country; can’t become dysfunctional by hearing everything

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By ETV Bharat English Team

Published : Oct 10, 2023, 2:14 PM IST

Updated : Oct 10, 2023, 3:46 PM IST

CJI D Y Chandrachud Tuesday said that the role of the apex court was not to deal with micromanagement of issues which arise all over the country and the court cannot render itself dysfunctional by hearing everything. The CJI made the remarks while hearing an intervention application concerning captive elephants in Kerala. -- Reports ETV Bharat's Sumit Saxena.

CJI: SC role not to micromanage issues arising all over the country, court can’t become dysfunctional by hearing everything
CJI D Y Chandrachud

New Delhi: Chief Justice of India (CJI) D Y Chandrachud Tuesday said that the Supreme Court should not be spread thin and there may be a thousand issues in the country that merit attention, but the apex court cannot render itself dysfunctional by hearing everything while hearing an intervention application (IA) concerning captive elephants in Kerala. The CJI stressed, “What is the role of the Supreme Court in the nation, not to deal with micromanagement of issues which arise all over the country”.

A bench led by CJI and comprising justices J B Pardiwala and Manoj Misra told senior advocate C U Singh, “Why don't you approach the high court? SC should not be spread thin...and this is not even a PIL, you are an intervenor…”.

Singh, who mentioned the matter before the bench, submitted that over 130 captive elephants in Kerala had died between 2018 to 2022. He said that till September 2023, 22 more recorded deaths have been there and pressed that it is a startlingly high rate. Singh said there is only one word, which is sickness and they are also not doing the postmortem, and elephants are being bought from Assam and Arunachal Pradesh directly in the teeth of the Wildlife Protection Act.

The Chief Justice said, “Go to the high court and tell them….it is an intervention not even a petition….look at this, it is PIL at its pristine best…..Anyone can intervene and start joining the matter, anybody can start joining the bandwagon”. A counsel said every year the moment the festival season in Kerala begins these IAs start coming before the court and seek to injunct the owners from using the elephants from being paraded in temple festivals, and urge the court to start an inquiry.

Also read: Chief Justice D Y Chandrachud: More women as judges, a sign of changing times

The Chief Justice told Singh that he had raised a valid point but “there 1000 issues which merit attention, the Supreme Court should not render itself completely dysfunctional…..the second we deal with these matters on ad-hoc basis, pick up an IA here, pick up an IA there, and pass orders.....”.

The Chief Justice said, “You have high courts. These high courts consist of seasoned judges, they know the ground reality. They know the impact of passing an order disabling the use of elephants is a matter which also relates to local feelings. We do not know the ramifications of the order which we will pass. Judges of the high courts are suited to understand local conditions. They understand the context….they can deal with the matter at the primary level if they make egregious errors, we are here to correct those errors….”.

The Chief Justice stressed, “How can we run a country like this….tomorrow, we will have an IA from Maharashtra, Karnataka. How do we deal with it….what is the role of the Supreme Court in the nation not to deal with micromanagement of issues which arise all over the country”.

After hearing submissions, the apex court agreed to hear the intervenor during the hearing of the main matter pertaining to the issue of elephants in captivity. Listing the main case in December's first week, the bench said, “We are of the view that it will not be possible to entertain such IAs. The intervenor may be heard on substantive issues when the writ is listed”.

New Delhi: Chief Justice of India (CJI) D Y Chandrachud Tuesday said that the Supreme Court should not be spread thin and there may be a thousand issues in the country that merit attention, but the apex court cannot render itself dysfunctional by hearing everything while hearing an intervention application (IA) concerning captive elephants in Kerala. The CJI stressed, “What is the role of the Supreme Court in the nation, not to deal with micromanagement of issues which arise all over the country”.

A bench led by CJI and comprising justices J B Pardiwala and Manoj Misra told senior advocate C U Singh, “Why don't you approach the high court? SC should not be spread thin...and this is not even a PIL, you are an intervenor…”.

Singh, who mentioned the matter before the bench, submitted that over 130 captive elephants in Kerala had died between 2018 to 2022. He said that till September 2023, 22 more recorded deaths have been there and pressed that it is a startlingly high rate. Singh said there is only one word, which is sickness and they are also not doing the postmortem, and elephants are being bought from Assam and Arunachal Pradesh directly in the teeth of the Wildlife Protection Act.

The Chief Justice said, “Go to the high court and tell them….it is an intervention not even a petition….look at this, it is PIL at its pristine best…..Anyone can intervene and start joining the matter, anybody can start joining the bandwagon”. A counsel said every year the moment the festival season in Kerala begins these IAs start coming before the court and seek to injunct the owners from using the elephants from being paraded in temple festivals, and urge the court to start an inquiry.

Also read: Chief Justice D Y Chandrachud: More women as judges, a sign of changing times

The Chief Justice told Singh that he had raised a valid point but “there 1000 issues which merit attention, the Supreme Court should not render itself completely dysfunctional…..the second we deal with these matters on ad-hoc basis, pick up an IA here, pick up an IA there, and pass orders.....”.

The Chief Justice said, “You have high courts. These high courts consist of seasoned judges, they know the ground reality. They know the impact of passing an order disabling the use of elephants is a matter which also relates to local feelings. We do not know the ramifications of the order which we will pass. Judges of the high courts are suited to understand local conditions. They understand the context….they can deal with the matter at the primary level if they make egregious errors, we are here to correct those errors….”.

The Chief Justice stressed, “How can we run a country like this….tomorrow, we will have an IA from Maharashtra, Karnataka. How do we deal with it….what is the role of the Supreme Court in the nation not to deal with micromanagement of issues which arise all over the country”.

After hearing submissions, the apex court agreed to hear the intervenor during the hearing of the main matter pertaining to the issue of elephants in captivity. Listing the main case in December's first week, the bench said, “We are of the view that it will not be possible to entertain such IAs. The intervenor may be heard on substantive issues when the writ is listed”.

Last Updated : Oct 10, 2023, 3:46 PM IST
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