Thread by @LiveLawIndia

#SupremeCourt to hear today a plea by 14 Opposition parties over alleged misuse of central agencies like ED and CBI.

A bench led by CJI DY Chandrachud will hear the plea seeking to direct the agencies to strictly comply with the law and guidelines.
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The matter to be taken shortly.

The 14 opposition parties are seeking the following prayers in relation to CBI/ED arrests.

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Matter taken.

Sr Adv AM Singhvi for IC : Statistics show from 2014 to 2021, 600% increase in CBI and ED cases.
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Singhvi : Conviction is only 23.

CJI DY Chandrachud : But Dr.Singhvi, the rate of conviction in India is quite dismal.

Singhvi : I am not only on the rate of conviction.

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Singhvi : For ED, 121 political leaders have been probed, of which 95% are from the opposition. For the CBI, it is more stark. Out of 124 investigation, over 95% from opposition.

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Singhvi : This has a chilling effect on the legitimacy of political opposition.

CJI DY Chandrachud : This is not a petition filed by one or two aggrieved individuals. This is by 14 political parties.

CJI DY Chandrachud : You give us some statistics. Can we say because of these statistics, there should be no investigation or no prosecution? Can there be immunity? Ultimately a political leader is basically a citizen. As citizens we are all amenable to the same law.

Singhvi : Clearly there is a skewed application of CBI and ED jurisdictions. This leads to a skewed non-level uneven democratic playing field. Because, the opposition is only fighting these cases.

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Singhvi : I don't want any pending case in India to be affected. I am not here to interfere in existing investigation.

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Singhvi : If the statistics show a skewed application of law which has a chilling effect, a harassing effect, I am seeking guidelines.

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Singhvi : 14 political parties representing approximately 42% of the electorate, if they are affected, the people are affected. These are parties across the spectrum.

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Singhvi : There are two guidelines sought. One is pre-arrest. Why should you arrest? Explain. Arrest is not the only option.

CJI : Guidelines which you have formulated....I will say what is the difficulty in entertaining the petition.

CJI : You say for lesser offences punishable less than 7 yrs, there should be no arrest, unless the triple test is not satisfied. I will give you a simple example. Even though this focuses on political leaders, they don't enjoy any immunity.

CJI : Take cases which don't involve attack on bodily integrity. There are financial scams of crores. Can we say that because this does not involve bodily integrity don't arrest?
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CJI : Political leaders stand absolutely on the same standing as the citizens of the country. They don't claim higher identity. How can there be a different set of procedure for them?

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CJI DY Chandrachud : The problem of your petition is that you are trying to extrapolate statistics into guidelines. Statistics may be relating only to politicians. But there can't be guidelines only applying to politicians.

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Singhvi : I have said you have to find a skewed field. Courts have applied Arnesh and Siddharth cases to less than 7 yrs offences. I am saying apply to a cumulative class- no bodily attack, triple tests...

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CJI DY Chandrachud : We will be essentially doing what the legislature is to do? To say that there should be no arrest in cases not involving bodily harm or child sex abuse...that is for legislature to do.

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CJI : The inconsistency of the petition is - the statistics you say pertain only to politicians. Your cause of action is there is selective targeting. At the same time, you don't want a special dispensation as you are same as an ordinary citizen.

CJI : How do we then say that these statistics, even if we accept it to be true, how do we on that basis we lay down guidelines that if there is no bodily harm, then you will not arrest? That formulation is extremely broad.

Singhvi : Today, is this issue directly related to democracy is the issue

CJI : The moment you say democracy, basic structure, then it is essentially a petition for politicians.

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Singhvi : This is not my formulation. This is my suggestion. Formulation is for the court to do.

CJI : Come to us in an individual case, we are there. Dr.Singhvi, in many cases we have heard you on mentioning

Singhvi : Your lordships are the exception at the top.

Singhvi : Mass arrests is a threat to democracy. It is a sign of authoritarianism. Process becomes the punishment

CJI : When you say that space for opposition has shrunk, the remedy is in that space, the political space. Not the Court.

Singhvi : Where is democracy if these people are fighting cases all the time.

CJI : Come to us in an individual case.

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Singhvi : Arnesh Kumar guidelines do not apply to special acts.

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Singhvi : The test of gravity of offence is vague. How does gravity of offence come to bail? Because you are presumed to be innocent.

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CJI DY Chandrachud : We will not entertain this.

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CJI DY Chandrachud : You can come to us in an individual case. Come to us with one or more cases together. Our problem is, for SC to lay down guidelines in abstract without factual basis....

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CJI DY Chandrachud : All our judgments on bail are in the context of facts. We can't give general guidelines divorced from facts. How do we lay down?

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CJI DY Chandrachud : If an individual comes to us, we dealt with in one of your own cases, then it will be confined to the facts of the case. In the absence of specific facts to lay down general guidelines will be dangerous.

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Singhvi : This Court has said many times its judgments such as Antil are not being followed by trial courts. It is very easy to say ...on the ground they are not followed.

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Singhvi : When you have a deliberate and conscious weaponisation of a branch of law, an individual case is not the answer.

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Singhvi seeks permission to withdraw.

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Bench dictates order : After some deliberations, Dr.Singhvi seeks liberty to withdraw the petition at this stage. The petition is accordingly dismissed as withdrawn.

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#BREAKING Supreme Court refuses to entertain the petition filed by 14 non-BJP political parties seeking guidelines against alleged abuse of arrest powers by CBI and ED. #SupremeCourt

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