New Delhi: The Supreme Court on Wednesday refused to entertain a plea jointly filed by 14 parties, led by Congress, alleging arbitrary arrests of Opposition leaders by central probe agencies, and seeking fresh guidelines governing the arrest and remand.
The Indian National Congress, Trinamool Congress, Dravida Munnetra Kazahgam and Rashtriya Janata Dal were among the parties who urged the court to frame pre-arrest guidelines to prevent misuse of investigative agencies.
They also sought that the “triple test” be followed before ordering arrest and remand. The test includes factors such as whether a person is a flight risk, and whether there is a reasonable apprehension of the tampering of evidence or of intimidation of witnesses.
A bench comprising Chief Justice D Y Chandrachud and Justice J B Pardiwala said that “laying down general guidelines without having relation to facts of a case will be dangerous”.
“Political leaders stand absolutely on the same standing as the citizens of the country,” the chief justice said. “They do not claim a higher identity. How can there be a different set of procedures for them?”
Representing the petitioners, Singhvi argued that mass arrests are a threat to democracy and a sign of authoritarianism. To this, Justice Chandrachud said, “When you say that space for opposition has shrunk, the remedy is in that space, the political space. Not the Court.”
Singhvi had earlier said that 95% of investigations by the agencies are against Opposition leaders.
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