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Congress toolkit case: Supreme Court refuses to entertain PIL, calls it a frivolous petition

The Supreme Court bench also observed that the petitioner has filed a frivolous petition and said, “We cannot entertain all these prayers which are general in nature.”

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The Supreme Court refused to entertain a PIL seeking a probe against the Congress and the cancellation of its registration as a political party for allegedly creating a toolkit to tarnish the image of Prime Minister Narendra Modi over the handling of the Covid-19 pandemic.

The bench led by Justice D.Y. Chandrachud and Justice M.R. Shah asked petitioner Shashank Shekhar Jha, who was appearing in-person, to read his prayers. And made the remark that, “If you don’t like the tool kit, then ignore the tool kit.”

Thereafter, the bench observed that the petitioner has filed a frivolous petition and said, “We cannot entertain all these prayers which are general in nature.”

The following is the extract of the arguments which happened in the court: – 

Adv Jha: Singapore had banned everything. 

Justice Chandrachud: But India is a democracy, right? 

Justice Shah: We can’t issue directions under Art 32. 

Justice Chandrachud: Mr. Jha, please withdraw this. You may pursue your remedies under appropriate law.

Adv Jha: Please ban posting up of holdings. 

Justice Chandrachud: All these petitions take precious time of the Court. Mr. Jha, please withdraw your petition.

The plea was filed by Jha seeking an NIA probe into Congress party’s alleged “toolkit” to tarnish image of Prime Minister Modi & Centre over handling of Covid pandemic. 

“NIA must register case if the kit is genuine as claimed by BJP and Election Commission must de-register Congress Party,” said the petitioner. The petition sought direction to the Central Government to register a preliminary inquiry pertaining to the alleged toolkit.

Also Read: Allahabad High Court issues show-cause notice to police officer for misleading court

Jha demanded in his plea that the toolkit matter must be probed to disclose any offence under Section 120-B (Criminal Conspiracy) and various other sections of the Indian Penal Code (IPC) and Section 13 of the Unlawful Activities (Prevention) Act (UAPA), and to secure the custody of the said toolkit. The plea also sought a direction to the Election Commission of India to suspend the registration of the Congress, if they are found to be allegedly doing anti-national acts and playing with the lives of the common people and a direction to the Union Government to issue necessary guidelines to each political party, group, and individual to stop all kinds of hoarding portraying an anti-national stance.

Source: ILNS

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