Mohan Parasaran
Supreme Court bench led by Chief Justice of India TS Thakur declined to entertain a public interest litigation demanding bringing of a uniform civil code in the country on Monday telling the petitioner that the power to do so remains with parliament and not the judiciary, reported The Times of India.
The petitioner Ashwini Upadhayay was represented by four senior advocates including Gopal Subramanium and Mohan Parasaran who relied on Directive Principles in the Constitution as well as case laws where the Supreme Court has insisted on introduction of the Uniform Civil Code.
The bench of TS Thakur and Justices AK Sikri and R Banumathi were unmoved by petitioner and said that heavy costs would be imposed on him if he continued with the petition. The bench said: “Sarla Mudgal case is the best that you can refer to in support of the PIL Article 44 is a constitutional goal. Are courts equipped and empowered to enforce constitutional goals? It reflects the hopes of Constitution makers. But hopes will remain in the realm of hope unless Parliament decides to convert them into enforceable rights.”
“The Supreme Court has consistently declined to go into it. The moot question is can Supreme Court convert a Directive Principle into fundamental right? It is for Parliament to take a call on it. What cannot be done directly, cannot be done indirectly through the courts.”
The bench however provided hope to Muslim women and observed that if and when a Muslim woman comes to the court and challenges triple talaq, it would be examined by the court and also said that no woman from a Muslim community has questioned the practice of triple talaq till now.
The petition was withdrawn by the petitioner’s advocate.
Attorney General Goolam Vahanvati and Solicitor General Mohan Parasaran have tendered their resignations as is customary on change of government, reported the PTI. The AG’s and the SG’s tenures are conventionally co-terminus with the term of the existing government.
According to speculation senior advocates Harish Salve and Mukul Rohatgi are contenders for the post of AG, while Ranjit Kumar is frontrunner for the SG’s post.
Vahanvati – the first Muslim to become the top law officer of the country - was appointed AG in 2009, after being SG for five years during the UPA-I’s rule.
Son of former AG K Parasaran, Parasaran was appointed SG after senior advocate Rohinton Nariman resigned mid-tenure from the post. He was appointed ASG by UPA-I in 2004.
The Supreme Court rejected the government's plea to undo its judgment asking for a special investigation team to probe black money stashed abroad in a PIL that was first filed and won by senior counsel Ram Jethmalani. Anil Divan represented Jethmalani, while Mohan Parasaran argued for the government [Business Standard]
Breaking: Several sources have confirmed that Supreme Court additional solicitor general Mohan Parasaran will replace outgoing solicitor general of India Rohinton Nariman who resigned on Monday.
It is understood that Parasaran received a telephone call from a senior government official today offering him the appointment today, which he orally accepted.
Tax Sutra's Arun Giri first broke the story earlier today, citing sources [story, behind paywall].
Parasaran is the son of former attorney general of India and senior advocate K Parasaran. He was designated a senior advocate in 2002, and was first appointed an additional solicitor general in the Supreme Court in 2004.
Nariman had resigned from the office on Monday allegedly over difference of opinion with the law minister Ashwini Kumar. Legally India Supreme Court postcard writer Courtwitness tweeted: “[Rohinton F Nariman], from what I gather, did not like being ordered around by someone whom he does not think is as good a lawyer as him.”