'Cannot direct Parliament': Delhi HC dismisses PIL seeking repeal of BNS provisions

A division bench of Chief Justice D K Upadhyaya and Justice Anish Dayal dismissed the petition, saying judiciary did not have jurisdiction to compel the legislature to enact or repeal laws.

The Delhi High Court on Wednesday dismissed a PIL seeking the repeal of certain Bhartiya Nyay Sanhita provisions, saying judiciary did not have jurisdiction to compel the legislature to enact or repeal laws.

A division bench of Chief Justice D K Upadhyaya and Justice Anish Dayal dismissed the petition, saying the court “cannot direct Parliament”.

“Abolition is only permissible by enacting an amendment act. It is an act of Parliament. We cannot direct the Parliament to do so. It will amount to legislating. It is not under our realm,” the court observed.

The petition said while Sections 147 to 158 related to certain offences “against the state”, Sections 189 to 197 related to “offence of public tranquility” of the BNS — both being British laws meant to suppress Indians.

Their continuation today violates the fundamental rights granted under the Constitution, it said.

The petition filed by Upendranath Dalai claimed one of the laws, Section 189 of BNS (unlawful assembly), had been misused by the governments with the help of the police.

With inputs from PTI