Asserting that enacting a special legislation for facilitating the conduct of jallikattu is the sole prerogative of the legislature, the Madras High Court on Friday made it clear that the court cannot issue any direction to that effect.
“A direction cannot be issued to the legislature to enact a particular legislation, as the same is the sole prerogative of the legislature,” the First Bench of Chief Justice S.K. Kaul and Justice M. Sundar said while dismissing a Public Interest Litigation (PIL) petition that sought a direction to the Central and the State governments.
The petitioner-organisation, the Tamil Nadu Centre for Public Interest Litigation, urged the court to direct the government to enact a new special legislation with “strict conditions” to conduct jallikattu.
When the PIL came up for hearing on Friday, appalled over the name of the petitioner-organisation, the Bench noted that there could not be a specialist organisation to file PILs. “The name creates a wrong impression among the public as if the organisation is a specialist only in filing PILs… we cannot allow an organisation to pick up the morning newspaper, find out what is the issue raised and file half-baked petitions without any knowledge of the subject or law and that too without any research on the subject. We are, thus, of the view that any petition which is filed in the petitioner’s name cannot be maintained and no such petitions shall be maintained in this name and style,” the Bench added.
As to the merits of the case, the court said that it was the sole prerogative of the government to enact law and the court could not issue direction. It then dismissed the PIL.
