Published On: Wed, Apr 5th, 2023

SC refuses to entertain opposition parties’ plea over misuse of ED, CBI by Centre

New Delhi: In a major setback for the Opposition parties, the Supreme Court on Wednesday refused to entertain a plea alleging misuse of central agencies by the BJP led Modi government.

After detailed hearing in the matter, Singhvi withdrew the petition, which was allowed by the bench

The Supreme Court flatly refused to consider the petition filed by 14 Opposition parties.

“You can come to us in an individual case. Come to us with one or more cases together. All our judgments on bail are in the context of facts. We can’t give general guidelines divorced from facts. How do we lay down?,”

The apex court also said, “When you (political parties) argue that there is a chilling effect on opposition because of CBI, ED cases against opposition political leaders, the answer lies in the political space and not in courts.”

The court further observed that, “The law which we lay down is confined to the facts of the case and on the basis of that we lay down general guidelines but us laying down general guidelines will be dangerous proposition.”

A bench headed by Chief Justice of India and comprising Justice JB Pardiwala observed that political leaders do not enjoy an immunity higher than a common citizen and they are absolutely on the same footing as common citizens with no higher immunity, and questioned then how there can be no arrest unless triple test is satisfied? The political parties sought a fresh set of guidelines governing the arrest and remand.

Senior advocate Abhishek Manu Singhvi, representing the political parties, tried very hard to convince the court to change its mind and lay down guidelines of arrest of the leaders of Opposition political parties. However, the bench stressed that politicians are citizens and cannot enjoy any higher protection and the aggrieved individual politicians can approach court for appropriate remedy.

The bench told Singhvi that when political parties argue that there is a chilling effect on the Opposition due to CBI and ED cases against the leaders of the political parties, then the answer lies in the political space and not in courts.

After detailed hearing in the matter, Singhvi withdrew the petition, which was allowed by the bench.

 

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