SC dismisses plea for probe into ‘payoffs’ to Modi, others:SC ruling(1.1)

Holding that courts should be constantly on guard about ordering investigation against high constitutional functionaries lest there is an abuse of law and personal liberty, the Supreme Court on Wednesday dismissed a plea for an apex court-monitored Special Investigation Team (SIT) probe into alleged massive pay-offs made by Birla and Sahara companies to influential politicians including Prime Minister Narendra Modi while he was Chief Minister of Gujarat.

What does SC says?

The Bench held it was “inherently improbable” to order the registration of an FIR against  national leaders and senior bureaucrats by merely banking on “some diary entries and random loose computer sheets.” “The anomaly witnessed in the Jain hawala case should not take place,”.

Various views:

• ‘Be you ever so high, the law is above all’. The law is equal for all, even if he is PM or CM. What is this fear that an investigation will make the Prime Minister dysfunctional?”

• “It is the duty of a police officer to register an FIR and investigate documents showing prima facie criminality committed by a public servant. That is the clear proposition of law,”.

How this ruling is important

Article 14 states right to equality before law irrespective of status and position.It brings high profile politician and other people under the ambit of law ,if they involve in any mal practice.

However it is also duly noted that the high constitutional post requires some sort of privileges (for example Parliamentary privileges) and avoidance of fear from judicial proceedings against any fraud allegations which doesn't prove point and instead waste time and create fear among official to do their duty with free mind.

Therefore the present ruling create balance and give space to high constitutional officials from unnecessary proceedings.