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NEW DELHI: The Supreme Court on Wednesday refused to entertain a plea by 14 Opposition parties led by Indian National Congress for laying guidelines against arbitrary arrest of their leaders by CBI and ED, saying politicians don't enjoy a higher immunity or protection than the common citizens.
A bench of Chief Justice of India D Y Chandrachud and Justice J B Pardiwala said politicians are absolutely on the same footing as common citizens.
The court also said no such guidelines for pre arrest and post arrest can be laid down in abstract without facts of the case, as it would be dangerous proposition.
The court told senior advocate A M Singhvi some statistics have been extrapolated here which cannot be the basis for framing the guidelines.
"If you say political space for Opposition has shrunk, the remedy lies in political space, not in court," the bench told Singhvi, arguing the matter.
The bench said everyday, it continued to hear individual cases, and if there was any basis, it would interfere.
After arguing the matter for a while, Singhvi preferred to withdraw his plea as the court remained unconvinced by the writ petition.
The petitioners political parties 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 parties claimed misuse of the CBI and the Enforcement Directorate in a selective and targeted manner with "a view to completely crush political dissent and upend the fundamental premises of a representative democracy".
They sought laying down of guidelines for governing the arrest, remand, and bail of persons in offences, not involving serious bodily harm, and excluding homicide, rape, terrorism etc.
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