Cannot order legislator to execute statement made on assembly floor: Bombay High Court

The Bombay High Court today observed that it cannot order a writ of mandamus for a legislator to execute a statement made on the floor of the Legislative Assembly. [Sherkhan Nazir Mohd. Khan v. State of Maharashtra & Ors].A Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor pulled up a petitioner who had filed a public interest litigation (PIL) seeking a writ of mandamus against State authorities including Chief Minister Eknath Shinde.The PIL sought orders to ensure that the statement made by Member of Legislative Assembly (MLA) Ravindra Waikar in 2018 to initiate a Crime Investigation Department enquiry against former IAS officer Vishwas Patil is executed.Khan stated in the PIL that the assurances given on the floor of the house are required to be taken care of by way of assigning the investigation to a premier investigation agency. .After reading the plea, CJ Upadhyaya lambasted at the petitioner for his pleadings and prayers.“Is this a writ petition or a political statement? This petition has material for writing an essay not for bringing to the court! These kinds of petition we will not allow. We cannot issue a mandamus for executing statement made on the floor of the house. The prayers made by you cannot be granted,” he said. .The petitioner Advocate SG Kudle pointed out that the rule of law was required to be upheld. However, CJ retorted the same was required to be done within the ‘four corners of law’.Kudle sought leave to withdraw the petition, which the Court allowed.In the order permitting withdrawal of petition, the Court cautioned the lawyer to ensure that future petitions have facts supported by legal grounds.“Before parting we may caution the petitioner that before he files petitions in this court or any other court, he must take care not to file petitions bereft of any material facts or legal grounds and not making only political statements. We expect and hope that petitioner shall refrain from the same in future,” the court ordered..[Read order]