Political Parties Approaches SC alleging That BJP Is Misusing Central Agencies Like the CBI and ED

A group of fourteen political parties, including the Indian National Congress (INC), Trinamool Congress (TMC), Dravida Munnetra Kazahgam (DMK), Rashtriya Janata Dal (RJD), and Aam Aadmi Party (AAP), have moved the Supreme Court on Friday, alleging that the ruling Bharatiya Janata Party (BJP) is misusing central agencies like the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED).

The petitioners are seeking pre-arrest guidelines to prevent the misuse of these agencies by the government. Senior Advocate Abhishek Manu Singhvi brought the issue before CJI DY Chandrachud, requesting an urgent listing. The CJI agreed to list the case on April 5.

The petitioners, including several political parties, have alleged that the Central government is using criminal processes against opposition leaders and citizens who exercise their right to dissent. They claim that the CBI and ED are being selectively deployed to crush political dissent and undermine the principles of representative democracy. They argued that agencies like the CBI and ED are being used in a selective and targeted manner to crush political opposition, thereby undermining the principles of democracy. The petitioners presented statistics that show a decline in the rate of successful raids and convictions, despite an increase in the number of cases registered by the ED. They also highlighted a significant rise in the proportion of opposition leaders investigated by the CBI and ED, indicating a bias toward targeting political opponents. The matter has been scheduled for a hearing on April 5th.

They argue that agencies like the CBI and ED are being used in a selective and targeted manner to crush political opposition, thereby undermining the principles of democracy. 

The petitioners have sought pre-arrest guidelines to ensure that the right to personal liberty under Article 21 of the Constitution is guaranteed to all citizens, including those targeted for their political views. They have requested that police officers, ED officials, and courts use a triple test before arresting any person, except in cases involving serious bodily harm. If the test is not met, alternatives like an interrogation at fixed hours or house arrest should be used to meet the demands of the investigation. The petitioners have also requested that bail be denied only in cases where the triple test is not met.