The Supreme Court on Wednesday refused to entertain a plea by 14 political parties alleging that the Central government led by BJP was misusing central agencies like the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) arbitrarily against Opposition parties, reported Bar and Bench.
The bench led by Chief Justice of India (CJI) DY Chandrachud and Justice JB Pardiwala said that it can’t lay guidelines in an abstract context.
“So someone collects crores from common pensioners, no payment made and so multiple FIRs are filed…and the case comes here. Can we say that there can be no arrest here? Once we accept that political leaders are absolutely on same footing as common citizens with no higher immunity.. then how can we say there can be no arrests unless there is a three-pronged test which is satisfied,” the bench said.
“Laying down general guidelines de hors the facts of the case cannot be done. If an individual comes to us, then the law can be laid down as highest court of the country.. it is in context facts of the case and also a general law. (But) we need to have facts in a case or group of cases,” the top court said, dismissing the plea.
The plea was filed by parties, including, Congress, Dravida Munnetra Kazhagam (DMK), Rashtriya Janata Dal (RJD), Bharat Rasthra Samithi (BRS), All Indian Trinamool Congress (TMC), Aam Aadmi Party (AAP), Nationalist Congress Party (NCP), Shiv Sena (UBT), JMM, JD(U), Communist Party of India (Marxist), CPI, Samajwadi Party, J&K National Conference.
The top court also said that laying down guidelines without facts in the case will be dangerous, reported PTI.
Sensing the disinclination on the part of the apex court in entertaining the plea, senior advocate Abhishek Manu Sighvi, appearing for the political parties, sought permission to withdraw the petition. “Learned counsel seeks permission to withdraw the plea at this stage. The petition is accordingly dismissed as withdrawn,” the bench ordered.
“You please come back to us when you have an individual criminal case or group of cases,” the bench said.