Supreme Court
The Supreme Court turned down a combined petition from 14 parties, including Congress, on Wednesday.
The petition claimed that central investigation agencies had arbitrarily detained opposition leaders and asked for new rules governing detention and arrest.
A bench comprising Chief Justice D Y Chandrachud and Justice J B Pardiwala stated that laying down general guidelines without regard to the facts of a case will be dangerous.
Mass arrests are a danger to democracy and a sign of authoritarianism, Singhvi argued on behalf of the petitioners.
Justice Chandrachud responded, “When you suggest that room for opposition has shrunk, the remedy is in that space, the political space. It’s not the Court”.
Senior attorney Abhishek Manu Singhvi, representing the political groups, requested permission to withdraw the petition after sensing the top court’s reluctance to consider the argument.
The Supreme Court ruled, “Expert counsel requests authorization to retract the plea at this time. As a result, the appeal is dismissed as withdrawn”.
The court requested that the parties appear in a suitable case or group of cases where a political leader is a focus.
The bench said, “You please return to us when you have a specific criminal case or group of cases”.
The court further stated that since politicians do not enjoy any immunity from prosecution, guidelines cannot be sought solely for politicians based on data showing the highest number of cases by central probe agencies against opposition leaders. The court went on to say that politicians are on an equal basis with ordinary citizens.
The DMK, RJD, BRS, Trinamool Congress, AAP, NCP, Shiv Sena (UBT), JMM, JD(U), CPI(M), CPI, Samajwadi Party, and J-K are among the groups that joined the joint move with the Congress.
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