5 April 2023 10:16 AM GMT
The Supreme Court on Wednesday refused to entertain a petition filed by fourteen political parties alleging that central investigating agencies such as the Directorate of Enforcement (ED) and the Central Bureau of Investigation (CBI) are being weaponised by the Union Government to clamp down on dissent by arresting opposition leaders. A division bench of Chief Justice DY Chandrachud and...
For arrest and remand, the petitioners sought the application of the triple test (determination as to whether a person is a flight risk, whether there is a reasonable apprehension of the tampering of evidence, or the influencing/intimidation of witnesses) by police officers or ED officials and courts alike for the arrest of persons in any cognizable offences except those involving serious bodily violence. It was argued that where these conditions were not satisfied, alternatives like interrogation at fixed hours or, at most, house arrest ought to be used to meet the demands of investigation. Likewise, with respect to bail, the petitioners sought that the principle of ‘bail as rule, jail as exception’ be followed by all courts throughout, especially in cases where non-violent offences are alleged, and that bail be denied only where the aforementioned triple-test is satisfied.
"Mass arrests is a threat to democracy. It is a sign of authoritarianism. Process becomes the punishment", Singhvi said.
"When you say that space for opposition has shrunk, the remedy is in that space, the political space. Not the Court", CJI replied.
Singhvi : Where is democracy if these people are fighting cases all the time.CJI : Come to us in an individual case. #SupremeCourtOfIndia— Live Law (@LiveLawIndia) April 5, 2023
Singhvi : Where is democracy if these people are fighting cases all the time.CJI : Come to us in an individual case. #SupremeCourtOfIndia
The petition has been drawn and filed by Mr Shadan Farasat, Advocate.
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