'Can’t Order Legislator To Execute Statement Made On Assembly Floor': Bombay High Court

Mumbai: The Bombay High Court on Friday said it cannot direct execution of a statement made by a legislator on the floor of the State Assembly. The court rapped a petitioner Sherkhan Nazir Mohd. Khan who sought direction against the chief minister Eknath Shinde.

The plea sought orders to ensure that the statement made by Member of Legislative Assembly Ravindra Waikar in 2018 to initiate a Crime Investigation Department enquiry against former IAS officer Vishwas Patil is executed. Khan stated in the PIL that the assurances given on the floor of the house are required to be taken care of by way of assigning the investigation to a premier investigation agency.

The bench was displeased with the petition and the prayers. “Is this a writ petition or a political statement? This petition has material for writing an essay not for bringing to the court! These kinds of petitions we will not allow. We cannot issue a mandamus for executing statements made on the floor of the house. The prayers made by you cannot be granted,” a bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor said.

When Khan’s advocate SG Kudle submitted that the rule of law was required to be upheld, the CJ quipped that the same was required to be done within the ‘four corners of law’. Court then permitted Kudle to withdraw the petition.