SC dismisses petition against Indo-US nuclear deal

New Delhi, Aug 3 (IANS) The Supreme Court Friday declined to entertain a petition seeking direction to the government to obtain parliamentary approval before implementing the Indo-US civil energy nuclear deal.

A bench headed by Chief Justice K.G. Balakrishnan dismissed the petition "as withdrawn" saying "these are all parliamentary procedures and that's why we will not interfere".

The bench, which also included Justices Tarun Chatterjee and R.V. Raveendran, refused to intervene in the issue, saying: "The government's treaty making power was beyond judicial review."

Former chief justice of Andhra Pradesh High Court P.S. Mishra, appearing for the petitioner, Bhopal resident Anil Chawla, had pleaded for directions to the government to seek parliamentary ratification of the joint Indo-US statement on the civil nuclear deal.

The apex court, dismissing the petition, also said: "Your main grievance was that it (the Indo-US nuclear agreement) was not approved by parliament. But it may be placed before parliament in due course," observed the chief justice, apparently taking note of the government's proposed plan to table the deal in parliament.

"It's for the constitutional authorities like the prime minister and Lok Sabha speaker to decide," observed the bench, adding, "we cannot ask the parliament to conduct so and so business and pass such and such legislation.

"We are in a democracy and in a democracy, the executive is answerable to parliament," the bench observed.

"You cannot ask the judiciary to direct government to notify the agreement and invite public objections to it," the Chief Justice observed in the bench agreement.

As Mishra sought to raise public concerns over the deal on various counts, the chief justice observed: "We do not say these are minor things. They indeed are serious things, very, very serious things."

The bench however, sought to allay the petitioner's apprehension saying: "There are several scientists to advise the government also."

As Mishra again insisted that the court pass some positive direction on the issue, the bench gave him hints that he may leave the matter pending with the court to be undertaken later.

"You wait till the matter is laid in the parliament," said the chief justice, expressing his disinclination to pass any order at this juncture.

Gauging the bench's unwillingness to interfere, Mishra sought the court's permission to withdraw the matter so that he could approach the court later.