In a blow to the opposition, the Supreme Court refused to consider a joint plea filed by the Congress and 13 political parties. The parties had argued that the BJP-led NDA government had been misusing the CBI and ED to target their opponents.
The court dismissed the plea saying the answer to this must be found in the political sphere and not in a court of law. The CJI, DY Chandrachud, and justice JB Pardiwala also remarked that politicians will not enjoy immunity higher than what citizens do. As a result, the petition was withdrawn.
CBI and ED are investigative agencies in India and are used to probe different cases. These two bureaus have been used to take action against those accused of corruption, bribery and other offenses.
The BJP-led NDA government has been accused of purposely targeting their political opponents by misusing the agencies. The opposition parties were of the view that it has a chilling effect on constitutionally allowed political speeches and activities.
It is important to take measures that would ensure an even playing field and keep democracy intact. However, the Supreme Court cited that it could not create an exception, where political leaders are not to be prosecuted if the offence is not heinous.
The petitioner, AM Singhvi, was representing the Congress, TMC, AAP, DMK, SP, JD(U), RJD, BRS, NCP, Uddhav Thackeray-led Sena faction, JMM, CPM, CPI, and J&K National Conference. These parties had collectively argued that there was a skewed application of the CBI and ED’s power with regard to the opposition leaders, leading to an unequal democratic playing field.
The application of CBI and ED has been a matter of discussion in India for many years now. It is important to ensure that proper laws are in place to protect citizens from unfair discrimination. As such, the Supreme Court’s decision is certainly a matter of concern for many people in the country.
