The state government contended that Yogendra Yadav-led Swaraj Abhiyan party has directly
approached the apex court without lodging an FIR and were trying to give a “political colour” to the plea by making allegations against the Chief Minister.
New Delhi : The Chhattisgarh government on Wednesday told the Supreme Court that Yogendra Yadav-led Swaraj Abhiyan was shifting its “political battle” to the court in the garb of a petition for probe against Chief Minister Raman Singh in the purchase of an Agusta helicopter for VVIP use.
The state government contended that the party, which has recently attained the status of a political party, has directly approached the apex court without lodging an FIR and were trying to give a “political colour” to the plea by making allegations against the Chief Minister.
A bench headed by Justice Dipak Misra said it would first hear on August 23 the preliminary objections raised by Attorney General Mukul Rohatgi, representing the state, that the petition was not maintainable.
Rohatgi said that Swaraj Abhiyan, which is seeking an SIT probe into alleged irregularities in the purchase of an Agusta helicopter for VVIP use by the Chhattisgarh government, should have approached the state police first for registration of an FIR in the matter.
“Is it the law that for every criminal offence, you come to the Supreme Court? Why they have not gone to register an FIR and if the FIR was not lodged, they could have approached the trial court with a plea under section 156(3) of the CrPC for direction to the police to register an FIR. They have directly come to the Supreme Court,” he said.
“Just because they have given a colour to the petition that the Chief Minister is allegedly involved so they have come to the Supreme Court directly,” he told the bench, that also comprised Justices A M Khanwilkar and M M Shantanagoudar.
The Attorney General argued that Swaraj Abhiyan has now been registered as a political party and was also contesting the MCD elections in Delhi and “they are ultimately shifting the political battle here.”
Advocate Prashant Bhushan, appearing for the petitioner, told the bench that the apex court can deal with the matter as the issue whether a political party can file a public interest litigation (PIL) has already been dealt with by the Supreme Court as well as high courts.–PTI