PrintFriendly
A petition that accused Prime Minister Narendra Modi’s government of abusing its power and using central investigating agencies to harass its political rivals filed by 14 opposition parties was rejected by the Supreme Court on 05 April 2023.
Besides the Congress, the parties to the petition included the DMK, RJD, BRS, Trinamool Congress, AAP, NCP, Shiv Sena (UBT), JMM, JD(U), CPI(M), CPI, Samajwadi Party and the J&K National Conference.
The petition claimed that there was a “drastic and exponential increase” in the number of cases registered by the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) against opposition leaders since 2014 when PM Shri Narendra Modi came to power.
A bench of Chief Justice DY Chandrachud and Justice JB Pardiwala expressed disinclination to entertain the petition, saying courts are always there for taking up the grievances of political leaders as they do for common citizens. Political leaders do not enjoy an immunity higher than the common citizens…once we accept that political leaders are absolutely on the 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.
Highlights
– Chief Justice of India DY Chandrachud expressed doubts about the validity and feasibility of the petition.
–He asked the advocate whether he was seeking immunity for opposition parties from investigation and prosecution and whether they had any special rights as citizens.
– The Chief Justice was not convinced by the opposition’s argument and said that the petition was essentially a plea for politicians.
–The bench said political leaders do not enjoy an immunity higher than the common citizens.
– The political persons are also citizens and as a citizen, they are subject to similar rules.
– The bench said even the media, under Article 19(1)(a) (freedom of speech and expression) of the Constitution, does not have higher powers.
– Sensing its disinclination, advocate AM Sighvi, appearing for the political parties, sought permission to withdraw the petition.