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Supreme Court expresses displeasure over politics making its way into courtrooms under the garb of legal proceedings

The Supreme Court expressed its displeasure on Friday over the trend of politics shaping its way into courtrooms under the garb of legal proceedings.

This observation was made by the Bench of Chief Justice of India D.Y. Chandrachud and Justice P.S. Narasimha, while dismissing as withdrawn, a petition filed by former Principal Secretary of Chhattisgarh, Aman Singh and his wife Yasmin Singh, seeking transfer of all disproportionate assets cases registered against them to the Central Bureau of Investigation (CBI).

Representing the petitioners, Senior Advocate Mahesh Jethmalani alleged that the petitioners were being harassed. He said even the pension account of Yasmin Singh’s mother was sealed by the government.

Justice Narasimha then observed the ‘increasing instances of politics’ being brought into this court in the garb of cases. Noting that this was all politics, the judge said in this case, all of this was heard and argued.

Seconding Justice Narasimha, the CJI said this was not a fit case for transfer.

The petitioners withdrew their plea after the Bench refused to stay the proceedings against the petitioners and also rejected the transfer of cases against them to CBI. 

The Supreme Court had last month set aside the January 2022 order of the Chhattisgarh High Court quashing FIRs against the petitioners under the provisions of the Prevention of Corruption Act. At that time, there was a BJP-led government in the state.

The current Congress-led government resumed the probe in the matter after the High Court’s order from January, leading to the present plea.

The petitioners sought transfer of all disproportionate assets cases against them to CBI, as well as a stay on all the proceedings against them.

Senior Advocate Aryama Sundaram, appearing for the petitioners, today submitted that the current probe has affected the petitioners’ lives in many ways.

He alleged that their lives had been made hell. The lawyer said the ED had submitted documents showing that there were Whatsapp chats with state government officials trying to create difficulties for the petitioners. 

The Senior Counsel alleged that even the Economic Offences Wing was involved in this. Singh said his wife had a Kathak dance group. All members have refused to remain part of that group on the basis of all of this, he added.

Representing the Chhattisgarh government, Senior Advocate Kapil Sibal contended that the case for transfer was entirely malafide.

He said it was like seeing a review of an earlier order. The Supreme Court had earlier considered all these arguments and rejected the case. This person was an Income Tax officer earlier, then with the CM. Terming it as an abuse of the process of law, Sibal requested the Apex Court to impose costs on the petitioner.

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