Judiciary cannot transgress into the domain of policy making by re-writing a statute - SC

Appeal arises from an interim order dated 2 August 2021 of a Division Bench of the High Court of Judicature at Madras in a batch of petitions.  The writ petitions have been instituted before the High Court under Article 226 of the Constitution to challenge the validity of Rule 29(4) of the Copyright Rules 2013. The High Court has directed that no copyrighted work may be broadcast in terms of Rule 29 without issuing a prior notice. Details pertaining to the broadcast, particularly the duration, time slots and the like, including the quantum of royalty payable, must be furnished within 15 days of the broadcast or performance.  Appellants challenge the interim order of the High Court ,on the ground , has the effect of re-writing Rule 29(4) of the Rules framed in pursuance of the provisions of Section 31D and Section 78(2)(CD) of the Copyright Act 1957. Apex court observed that A judge's responsibility is to interpret and apply the law, not to change it to conform to his or her interpretation of what justice requires. A judge may not rewrite a statute, nor may he or she increase or decrease its scope. Interpolation and evisceration must be avoided in construction. The court cannot read anything into a statutory provision which is not plain and unambiguous. A statute is an edict of the legislature. The first and primary rule of construction is that the intention of the legislation must be found in the words used by the legislature itself. In the interim order, the High Court has re-written a piece of legislation. Draftsman ship is a function entrusted to the legislature. Craftsmanship on the judicial side cannot transgress into the legislative domain by re-writing the words of a statute. In this case, the court has done so at the interlocutory stage. Supreme court held that an exercise of judicial re-drafting of Rule 29(4) was unwarranted. Accordingly allow the appeals by setting aside the interim order of the High Court dated 2 August 2021. 

September 27, 2021  

Saregama India Limited  Versus  Next Radio Limited & Ors