Courts can't direct legislature to enact law a particular way: Supreme Court

Supreme Court refuses to hear plea against Delhi High Court order on PIL for free chargesheet copies.

The Supreme Court on Friday (February 14, 2025) said the courts could not direct the legislature to enact a law in a particular manner.

A bench of Justices B.R. Gavai and Augustine George Masih made the observation while hearing a plea against a February 2024 order of the Delhi High Court which disposed of a PIL on the issue.

"The Parliament, after considering every aspect, has come out with a new enactment. In a writ jurisdiction, neither the high courts nor the Supreme Court can direct the legislature to enact a law in a particular manner," the bench said, while refusing to hear the plea.

The PIL sought directions to district courts or police to supply a copy of chargesheet to the complainant or victim free of cost.

The counsel appearing for the Centre referred to Section 230 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, saying the petition was infructuous.

The Centre's counsel said Section 230 prescribes, in any case where a proceeding was instituted on a police report, the magistrate should furnish to the accused and victim, free of cost a copy of documents, including the police report and the first information report.

The petitioner's counsel said Section 230 of the BNSS did not deal with the issue of the right of a complainant or victim to be heard and participate in pre-trial criminal proceedings.