'Judicial activism' order holds up court order on Bluelines

New Delhi, Dec 14 Despite the Chief Justice of India K.G. Balakrishnan clearing the air over judicial activism, Delhi High Court Friday did not pass an order on entertaining a public suit on Blueline buses.

A division bench headed by Justices Mukul Mudgal and Reva Khetarpal refrained from passing an order on the growing number of accidents caused by the privately owned Blueline buses.

"We have to see the effect of the Supreme Court order (of Dec 6) on the proceedings of this case," said the bench, adding, "We have not had the time to go through the judgement. It has just been handed over to us by the amicus curiae."

The bench was hearing a suo motu matter, which it had earlier taken into cognisance, on the growing number of Blueline accidents.

The court refused to pass any order on the matter without going through the apex court judgement, which had deprecated the tendency of "judicial overreach".

"The apex court ruling of 1997 is that the judiciary and bureaucracy should join hands together and work for the welfare of people," Justice Khetarpal observed.

On Dec 6, a two-bench apex court had cautioned the judiciary against indulging in judicial activism and encroaching upon the domain of the legislature and the executive, saying if the courts failed to restrain themselves the politicians would step in and curtail their power and independence.

However on Thursday, a three-judge bench headed by the Chief Justice of India observed, "We are not bound by the two-judge bench order."

But his observation failed to clarify if the Dec 6 order, delivered by a bench of Justices A.K. Mathur and Markandey Katju, will not bind only a three-judges' bench or not be binding at all on any bench.

Meanwhile, senior counsel V.P Singh for the Blueline bus operators whose permits have been cancelled following a high court order, said the order was not justified and needed to be reviewed.

"We are just implementing the apex court order and not passing any order. Article 141 says the apex court ruling should be followed by all subordinate courts," Justice Mudgal said while posting the matter till Jan 10, next year.

On Monday, the apex court had castigated the Delhi High Court for entertaining PILs on a host of public issues, including the begging menace, nursery admissions and traffic issues particularly the Blueline menace.