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Setback for Opposition as SC refuses to entertain plea alleging 'misuse' of central probe agencies

Supreme Court refuses to entertain a plea filed by 14 opposition parties alleging 'arbitrary use' of central probe agencies.

Edited By: Shashwat Bhandari @ShashBhandari New Delhi Updated on: April 06, 2023 7:11 IST
Supreme Court
Image Source : FILE PHOTO Representational image

The Supreme Court on Wednesday refused to entertain a plea filed by 14 opposition parties, led by the Congress, alleging 'arbitrary use' of central probe agencies like -Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) against opposition leaders and seeking a fresh set of guidelines governing the arrest, remand, and bail.

"Can't make separate guidelines for politicians," said Supreme Court as it refused to entertain the plea filed by 14 opposition parties. The opposition parties have now withdrawn their plea from the Supreme Court after it refused to entertain it.

A bench headed by Chief Justice DY Chandrachud 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, as it questioned how can there can be no arrest unless the 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 parties. However, the bench stressed that politicians are citizens and cannot enjoy any higher protection and the aggrieved individual politicians can approach the court concerned for appropriate remedy.

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

Chief Justice Chandrachud said general principles of law can't be laid down in absence of specific facts and added, "we can't lay down guidelines merely on the basis of some statistics relating to politicians".

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

(With inputs from IANS)

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