Supreme Court refuses to entertain plea by 14 Opposition parties alleging misuse of CBI, ED
Politicians cannot claim higher immunity than common citizens and therefore a special set of guidelines cannot be issued for them, the chief justice said.
The Supreme Court on Wednesday refused to entertain a petition by 14 Opposition parties alleging that the Centre is misusing agencies such as the Central Bureau of Investigation and the Enforcement Directorate, Live Law reported.
The Indian National Congress, Trinamool Congress, Dravida Munnetra Kazahgam and Rashtriya Janata Dal were among the parties who urged the court to frame pre-arrest guidelines to prevent misuse of investigative agencies.
They also sought that the “triple test” be followed before ordering arrest and remand. The test includes factors such as whether a person is a flight risk, whether there is a reasonable apprehension of the tampering of evidence or of intimidation of witnesses.
On Wednesday, a bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala said that politicians cannot claim higher immunity than common citizens. So, the bench said, a special set of guidelines cannot be issued for the politicians.
“Political leaders stand absolutely on the same standing as the citizens of the country,” the chief justice said. “They do not claim a higher identity. How can there be a different set of procedure for them?”
Abhishek Singhvi, representing the petitioners, told the court that mass arrests are a threat to democracy. “It is a sign of authoritarianism,” he added. “Process becomes the punishment.”
Chandrachud, however, said the petitioners were trying to get the court to frame rules by extrapolating statistics, which apply only for political leaders.
Singhvi had earlier said that 95% of investigations by the agencies are against Opposition leaders.
The petitioners contended that “investigating agencies such as CBI and ED are being increasingly deployed in a selective and targeted manner with a view to completely crush political dissent and upend the fundamental premises of a representative democracy”.
They said this was a shocking and unconstitutional state of affairs.
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