The top court is against fresh guidelines governing the arrest and remand of Opposition leaders

By refusing to entertain a plea filed by 14 parties seeking fresh guidelines governing the arrest and remand of Opposition leaders, the Supreme Court has simply asserted the cardinal principle of democracy: all are equal before the law. A Bench comprising Chief Justice DY Chandrachud and Justice JB Pardiwala correctly said that “laying down general guidelines without having relation to facts of a case will be dangerous.” Representing the petitioners, led by the Congress, senior advocate Abhishek Manu Singhvi argued that mass arrests are a threat to democracy and a sign of authoritarianism. Chandrachud’s response to this was reasonable and sagacious: “When you say that space for opposition has shrunk, the remedy is in that space, the political space. Not [in] the court.” This is a message that not just the Opposition but also the Government should learn. Why don’t Opposition leaders engage with the Government as much as they should? Why do they disrupt proceedings in Parliament and Assemblies? Why don’t they allow ministers to make statements? It is not that in recent times Bharatiya Janata Party leaders have been setting new, commendable norms by their conduct within and outside legislature buildings, but that doesn’t give Opposition leaders the licence to lower the standards of political debate in the country. As we have always emphasised—and it’s a universal truth—two wrongs don’t make a right.

Owing to vociferous, and sometimes vituperative, political debate and perverted public discourse, our leaders seek solutions to their problems elsewhere. Like in courts. Hence the 14 parties’ petition in the apex court. They themselves can’t resolve their own issues, and then seek a judicial resolution (And if this results in greater powers and importance of the Supreme Court and high courts, they also grumble about ‘judicial activism’ and ‘judicial overreach,’ but that’s another story). This is cutting across party lines. Opposition parties now seek relief from the apex court. The BJP wants the judiciary to kill, or at least tame, the beast called populism. So, a few months ago, a BJP leader, Ashwini Upadhyay, petitioned the Supreme Court, seeking restrictions on parties on distributing “irrational freebies” before elections. It is another matter that the BJP’s own conduct is little better than other parties. In the matter of legal action against Opposition leaders, the apex court, while not accepting the Opposition parties’ plea seeking special guidelines, has offered an olive branch to them. The Bench said, “You please come back to us when you have an individual criminal case or group of cases.” That’s fair enough. Besides, there are special courts for expeditious trials of criminal cases involving MP/MLAs. The Central Government set up these courts as directed by the Supreme Court. Importantly, the SC also monitors their performance. In a nutshell, there are enough safeguards to shield Opposition leaders.