‘Wisdom does not belong to one particular party’: SC to DMK on ‘freebies’ case

The Supreme Court on Tuesday came down hard on the DMK for some of its statements on the issue of freebies, saying the judiciary is responsible and the wisdom does not belong to a particular party or a particular person. A bench headed by Chief Justice N V Ramana, during the hearing of a PIL against irrational freebies, rapped DMK, the moment its counsel P Wilson, who is also DMK MP, commenced his submissions.

DMK leaders have been maintaining that freebies are essentially welfare measures and the state government has the right to decide what welfare measures have to be given.  The DMK on August 16 moved an impleadment motion before the Supreme Court asking to be added as a party in the plea seeking that political parties be prohibited from promising freebies in election campaigns. In its motion before the court, the DMK has said that there is no straitjacket formula that can decide what scheme can be considered a freebie and added that the Constitution empowers state governments to promulgate welfare schemes.

“Mr Wilson (senior advocate P Wilson, counsel for DMK), I am sorry to say this. I wanted to say so many things. But I am not saying so being the Chief Justice of India. The party and the minister which he (a lawyer) is talking about...I don't think that wisdom only belongs to a particular person or a particular party. We are also responsible.., the CJI said.

Senior advocate A M Singhvi, appearing for the Aam Aadmi Party, said that the PIL petitioner was seeking a gag order without saying so.

He said targeting and regulating electoral speeches will amount to nothing more than a wild-goose chase if the concerns are over fiscal deficit due to the promises of freebies made during polls by political parties.

AAP, in its submissions, has said that stopping poll promises without legislative backing would be violative of the fundamental right of freedom of speech and expression.

Such a restriction or prohibition, executively or judicially imposed, would amount to a curtailment of the freedom of speech guaranteed under Article 19(1)(a) without the backing of legislative sanction, the party has said in its additional submissions.

Again you are going to the direction of those who are opposing and saying that the court cannot examine the issue, the bench said.

The top court was hearing a PIL filed by lawyer Ashwini Upadhyay, which opposes the practice of political parties promising freebies during elections and seeks the Election Commission to invoke its powers to freeze their election symbols and cancel their registration. The bench, which is mulling setting up an expert panel to brainstorm the issue of freebies announced during elections, would resume hearing on Wednesday.

Besides AAP and DMK, Congress and YSRCP have also intervened as parties in the proceedings.