The Supreme Court on Wednesday dismissed a plea by the Chattisgarh government challenging the state High Court order staying the probe into the FIR against former Chief Minister Raman Singh and BJP Spokesperson Sambit Patra over tweets in connection with a purported toolkit allegedly created by the Congress party.
A bench of Justice BR Gavai and Hima Kohli refused to interfere with the HC order and asked the HC to decide the matter expeditiously.
The FIR against Singh and Patra was registered a day after Akash Sharma, the Chhattisgarh president of NSUI, filed a complaint over their tweets on a purported toolkit created by the Congress—allegedly to “defame” the country—on May 18.
The BJP leaders were accused of spreading unrest and provoking people over a fake story.
Hearing a plea by the BJP leaders, the HC stayed the probe on June 11 stating that the offences alleged are not made out “as the averments of the FIR…clearly indicate that no public peace or tranquility is being adversely affected and it is purely political rivalry between the two parties.”
The HC said “this, prima facie, establishes that the present FIR has been registered with political motives.”
Challenging this, the state government told the SC that the HC had erroneously granted the interim relief right at the stage of admission itself despite the top court laying down in many cases that extraordinary powers of the HC under Article 226 of the Constitution must be used only sparingly and in rarest of rare cases.
The investigation was at a nascent stage, contended the state government, adding that the offence of forgery was made out against the accused.
The BJP had alleged that the `toolkit’ was made by the Congress party to instruct supporters how to go about campaigning against the Narendra Modi government on sensitive political issues. However the Congress rejected this and called it a forged document.