Politicians don't enjoy higher immunity: Supreme Court declines Opposition plea on 'misuse' of ED, CBI

Tribune News Service

Satya Prakash

New Delhi, April 5

Noting that political leaders don’t enjoy immunity higher than the common citizens, the Supreme Court on Wednesday refused to entertain a PIL by 14 political parties, including the Congress, AAP, RJD, TMC and Bharat Rashtra Samithi, seeking pre-arrest and post-arrest guidelines to check the alleged misuse of central probe agencies against political rivals.

“Political leaders do not enjoy 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…. Sorry! We cannot entertain this…,” a Bench led by Chief Justice of India DY Chandrachud said, refusing to entertain the PIL.

Noting that even the media did not have higher rights, the top court said political persons were also citizens and as citizens they were subject to similar rules.

“So someone collects crores (of rupees) 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?” wondered the Bench which also included Justice JB Pardiwala. As the top court made it clear that it wouldn’t entertain the petition, senior counsel AM Singhvi, representing the petitioners (political parties), sought permission to withdraw it “at this stage” and the PIL was accordingly “dismissed as withdrawn”.

Before seeking to withdraw the PIL, Singhvi tried to persuade the top court to lay down pre-arrest and post-arrest guidelines for the central probe agencies, alleging a 600 per cent increase in CBI and ED cases since 2014 when the Narendra Modi-led NDA government came to power and 95 per cent of which were against opposition leaders.

Contending that democracy is a part of basic structure, Singhvi said misuse of central probe agencies against Opposition leaders disturbed the level playing field. He clarified that the petitioners were not seeking any particular relief in a particular case and that they were not seeking anything with regard to ongoing probes.

“Between 2014 and 2022, 121 political leaders have been probed by the Enforcement Directorate out of whom 95 per cent are from opposition parties…. The CBI has probed 124 political leaders and out of these, 108 are from opposition parties,” Singhvi alleged.

However, the Bench said laying down general guidelines without having relation to facts of a case would be dangerous. “You please come back to us when you have an individual criminal case or group of cases,” it told Singhvi.

Singhvi urged the top court to direct the probe agencies and courts to apply the triple test (whether a person is a flight risk, or whether there is a reasonable apprehension of the tampering of evidence or of the influencing/intimidation of witnesses) for arrest of persons in any cognisable offences except those involving serious bodily violence.

“How can we start laying down guidelines in an abstract context? 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 the highest court of the country…. We need to have facts in a case or group of cases,” the CJI told Singhvi.

The petitioners — Congress, DMK, RJD, BRS, Trinamool Congress, AAP, NCP, Shiv Sena (UBT), JMM, JD(U), CPI(M), CPI, Samajwadi Party, and J&K National Conference – claimed that together they represented 45.19% of the votes cast in the last state/UT Assembly elections, and 42.5% of the votes cast in the 2019 General Election, and were in power in 11 states/UTs.

On same footing as common man

Political leaders do not enjoy immunity higher than the common citizens... once we accept that political leaders are on same footing as common citizens, how can we say there can be no arrests…

How can we start laying down guidelines in abstract context? If an individual comes to us then the law can be laid down as the highest court of country… We need to have facts in a case/group of cases. CJI-led Bench

Reality check for Opposition

Those embroiled in corruption have come together on one platform, playing politics of false accusations. The order of the Supreme Court will hold the mirror to all of them. JP Nadda, BJP Chief

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