Court should exercise restraint while dealing with PILs, AG Venugopal to SC

The Centre, through Attorney General KK Venugopal today asked the Supreme Court to maintain restraint while dealing with Public Interest Litigation (PILs), given that there are a lot of issues plaguing the country..Replying to this, Justice Madan B Lokur – who was on the Bench along with Justices Deepak Gupta and S Abdul Nazeer – told the Centre that the Court was trying to solve some of these issues, and expected the government to utilise the funds that are lying with it..The exchange happened when the Court was hearing a PIL in the case relating to inhuman conditions in 1382 prisons in India..When the matter came up today, the Bench headed by Justice Lokur mooted the idea of setting up of a Committee to look into the conditions of incarcerated prisoners..Justice Lokur observed that the condition in the prisons is dire, and said that prisoners were committing suicide. Additionally, the problem of overcrowding was plaguing these prisons..Speaking directly to AG KK Venugopal, Justice Lokur said,.“Mr AG you must be aware, certain things are happening in foreign countries about prisons in India. Something must be done.“.Picking up on the proposal, Venugopal submitted that there are budgetary restrictions in dealing with such issues. He said that when funds have to be channelled for one purpose, another sector experiences a budget cut..“The question is how this fund distribution is required to take place.“.The Court was, however, unimpressed. Justice Lokur pointed out that the Supreme Court itself had facilitated the collection of “over 100 thousand crore rupees” and that the government was not using these funds properly..“The government is not using funds properly. Over 30 thousand crores Rupees were collected for the benefit of building and construction workers but the money is spent in buying washing machines…They don’t have clothes but washing machines are bought. Laptops are bought for illiterate people. The government is not using the funds that are lying with it properly.“.The AG responded by saying that while dealing with a PIL on one particular issue, the Court often fails to consider the aspects which are likely to impact other sectors. The AG said,.“Your Lordships are seized of one particular matter but the impact of this issue on other factors is not considered. Which is why I want to submit that when a PIL is filed, at least one paragraph should always deal with the impact it might have on other aspects.“.Venugopal further stated that the Court should exercise restraint while dealing with PILs..“Not everything is negative, the Court should exercise restraint while dealing with PILs. India is facing a lot of problems… Like caste…“.However, Justice Lokur intervened, stating,.“Some of which we are trying to solve… Like prison conditions, child rights, women rights. Through orders of this Court you (Government) have got over 150 thousand Crore Rupees in cases like Mining, Construction work… What more do we do? Rest assured that Article 21 is here to stay and we will uphold it.“.Mellowing down after this exchange, Venugopal said that the efforts of the Court are “tremendous“..Justice Lokur told Venugopal that the Court and the government are not adversaries. He said,.“We have not, and we are not criticising the government for anything. Don’t carry the impression that we are preventing the government from doing anything or criticising you.“.Venugopal stood his ground on the question of PILs containing a paragraph on the impact on other sectors to which Justice Lokur said,.“Alright. But tell your (government) officers to follow and implement the laws laid down by the government of India first.“.After this exchange, the Court proceeded to pass an order on the main issue of the case. It ordered the setting up of a Committee to be headed by a retired Supreme Court Judge, assisted by “two or three other officers”, to look into the issues of prisons in India. This Committee will submit its report to the Court from time to time..The Court has listed the matter for hearing next on Friday, August 17.