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“A clear trend of using ED raids as a tool of harassment, with the action rate on raids i.e. complaints filed pursuant to raids reducing from 93% in 2005-2014, to 29% in 2014-2022.. Between 2004-14, of the 72 political leaders investigated by the CBI, 43 (under 60%) were from the Opposition of the time. Now, this same figure has risen to over 95%”, the petition submitted.
The Supreme Court today dismissed a plea filed by 14 opposition political parties seeking pre-arrest and post-arrest guidelines for the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) citing arbitrary arrest of opposition leaders.
"We are not going to entertain this.. you can come back to us with individual cases, or a group of individuals. Supreme Court cannot lay down guidelines in an abstract way...", a CJI Chandrachud led bench said.
Hearing this, Senior Advocate AM Singhvi, appearing for the petitioners, requested to withdraw the plea and the same was allowed.
Singhvi told the Court today that there was a skewed application of CBI and ED jurisdictions which lead to a non-levelled and undemocratic playing field.
"I don't want any pending case across India to be affected, I have made that statement affirmatively in my petition, if the statistics show an uneven application of law, which has a chilling effect, then I am seeking guidelines prospectively", he added.
Throwing light on the reasons for engaging in such a petition, CJI said, "Even though this petition focuses on political leaders, they don't enjoy any immunity.. day in and day out we get these cases of financial scams.. How can we say that they cannot be arrested."
The difficulty in your petition is you are trying to extrapolate statistics into binding guidelines, how can you make them only for politicians, the bench also comprising Justice Pardiwala added.
When Singhvi argued that his contention was on the exercise of power, the court said, "In a case where exercise of powers is arbitrary, you can come to court. You come to us, go to the High Court, seek remedy under law.."
CJI further suggested that Singhvi may approach the Court with individual cases.
The instant plea was filed on the behest of political parties forming the petitioners which are: INC, DMK, RJD, BRS, Trinamool Congress, AAP, NCP, Shiv Sena (UBT), JMM, JD(U), CPI(M), CPI, Samajwadi Party, J&K National Conference).
The plea had been filed "in light of the alarming rise in the use of coercive criminal processes against Opposition political leaders and other citizens exercising their fundamental right to dissent and disagree with the present Union Government."
It had been averred that investigating agencies such as CBI and ED are being increasingly deployed in a selective and targeted manner with a view to completely crush political dissent and upend the fundamental premises of a representative democracy.
In this context, certain prospectively applicable guidelines governing the arrest, remand, and bail of persons in offences not involving serious bodily harm have been sought.
For arrest and remand, it has been sought that the triple test be used by police officers/ED officials and courts alike for arrest of persons in any cognizable offences.
"Where these conditions are not satisfied, alternatives like interrogation at fixed hours or at most house arrest be used to meet the demands of investigation", the plea adds.
Case Title: Indian National Congress & Ors. vs. Union of India & Ors.
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