Toolkit case: SC dismisses plea by Chhattisgarh govt against stay on probe against ex-CM, BJP spokesperson

The bench said many politically motivated FIRs were lodged by state governments and SC can't deal with such cases

The Supreme Court on Wednesday declined to consider a plea by the Chhattisgarh government against the stay ordered by the High Court on probe initiated against former Chief Minister Raman Singh and BJP spokesperson Sambit Patra for their tweets in connection with alleged Congress 'toolkit' controversy.

A bench presided over by Chief Justice N V Ramana rejected a contention by senior advocate A M Singhvi, appearing for the state government, that the High Court by its interim order has trashed the FIR by calling it politically motivated and mala fide without giving any opportunity to explain the reasons for lodging the case.

The bench, also comprising Justices Surya Kant and Hima Kohli, however, said a large number of politically motivated FIRs were lodged by various state governments and the top court could not be dealing with such cases.

"We are not inclined to interfere. Let the High Court decide the matter expeditiously," the bench said, adding that the state government would have an opportunity to challenge the final decision.

The High Court had in its order in June stayed the probe in the FIR registered against two leaders on a complaint filed by Akash Sharma, the Chhattisgarh president of NSUI, over their tweets on a purported toolkit created by the Congress allegedly to “defame” the country.

It had noted the FIRs were registered with mala fide, and political motives and grudges.

It had also stated that averments in the FIR reflected that no public peace or tranquillity was being adversely affected.

In its appeal, the Congress government sought to set aside the High Court orders on the ground that the extraordinary powers of the High Court under Article 226 of the Constitution ought to be used sparingly and in rarest of rare cases.

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