The Delhi High Court on Wednesday refused to entertain a public interest litigation (PIL) petition challenging the constitutionality of the Bharatiya Nyaya Sanhita (BNS) provisions that pertain to offences against State and public tranquility [Upendra Nath Dalai vs Union Of India].
The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Anish Dayal observed that the petition, effectively seeking directions for amendment to the BNS, cannot be entertained.
“Essentially the petitioner is asking the Court to give a direction to the Parliament for legislating an amending act of BNS. The prayers cannot be granted. We cannot given directions to the Lok Sabha,” the Court observed.
It said the issue falls within the domain of the parliament and the Court cannot issue directions to the parliament.
“That is not our arena, that is not our realm. We cannot issue any direction to parliament to come forth with an amending Act,” the Chief Justice stated.
The petition filed by one Upendra Nath Dalai argued that the BNS is a remnant of colonial law that suppresses democratic rights and freedoms.
The petition challenged the vires of Chapter VII (offence against the State) and Chapter XI (Offence against the public tranquility) of the BNS for being violative of the fundamental rights right under Article 14, 19 and 21.
"Keeping these laws will erode the basic structure of the Constitution. As a result, the constitution based on the democratic state of India will be dissolved," Dalai argued.
The Ministry of Home Affairs was made a party to the petition.
The petitioner appeared in person.
Additional Solicitor General Chetan Sharma represented the Union government.