New Delhi: Observing that in a democratic country like India, the use of toolkit for political propaganda cannot be banned Supreme court refused to entertain on Monday a public interest litigation demand for inquiry against Congress The party and its de-registration for allegedly creating a toolkit to malign Prime Minister Narendra Modi’s image in dealing with the COVID pandemic.
A bench of Justices DY Chandrachud and MR Shah, at the beginning of the hearing, asked the PIL to ignore such toolkits if he does not like it but the court could not pass a general order banning it.
The petitioner’s counsel Shashank Shekhar Jha, however, argued that the toolkit has been banned in several countries including Singapore. The bench then reminded him that India is a democratic country and this cannot be done in a democracy. The court said that if the use of the toolkit violates any law, then the remedy is under criminal law and the court cannot pass an order in a public interest litigation.
The court also observed that such PILs waste valuable time of the court and refused to entertain the petition. However, the court allowed him to withdraw the petition to move the High Court.
The petitioner sought a probe by the National Investigation Agency (NIA) into the controversy and requested the court to restrain people from using photographs of bodies and funerals of Covid victims.
He also sought SC’s intervention to stop “anti-national stances including use of funerals and photographs of dead bodies, naming mutants after India and Indian Prime Minister and calling for same religion for COVID-19”.
He said in his petition that the Toolkit case should be investigated for disclosure of any offense under Section 120-B.criminal conspiracy) and various other sections of the Indian Penal Code (Indian Penal Code) and Section 13 of the Unlawful Activities (Prevention) Act (UAPA) and to secure custody of the said toolkit.
A bench of Justices DY Chandrachud and MR Shah, at the beginning of the hearing, asked the PIL to ignore such toolkits if he does not like it but the court could not pass a general order banning it.
The petitioner’s counsel Shashank Shekhar Jha, however, argued that the toolkit has been banned in several countries including Singapore. The bench then reminded him that India is a democratic country and this cannot be done in a democracy. The court said that if the use of the toolkit violates any law, then the remedy is under criminal law and the court cannot pass an order in a public interest litigation.
The court also observed that such PILs waste valuable time of the court and refused to entertain the petition. However, the court allowed him to withdraw the petition to move the High Court.
The petitioner sought a probe by the National Investigation Agency (NIA) into the controversy and requested the court to restrain people from using photographs of bodies and funerals of Covid victims.
He also sought SC’s intervention to stop “anti-national stances including use of funerals and photographs of dead bodies, naming mutants after India and Indian Prime Minister and calling for same religion for COVID-19”.
He said in his petition that the Toolkit case should be investigated for disclosure of any offense under Section 120-B.criminal conspiracy) and various other sections of the Indian Penal Code (Indian Penal Code) and Section 13 of the Unlawful Activities (Prevention) Act (UAPA) and to secure custody of the said toolkit.
.