'If You Don't Like The Toolkit, Ignore It; India A Democracy' : Supreme Court Refuses To Entertain PIL Against Congress 'Toolkit'

The Supreme Court on Monday refused to entertain a Public Interest Litigation (PIL) seeking an investigation by the National Investigation Agency into the alleged Congress "toolkit"  and subsequent suspension of the registration of Indian National Congress (INC) if the charges against them pertaining to "anti-national acts" are found true.

A bench comprising Justice D.Y. Chandrachud and Justices MR Shah asked the petitioner Advocate Shashank Shekhar Jha how a petition under Article 32 can be entertained against political propaganda.

"If you don't like the toolkit, ignore it", Justice Chandrachud said.

Jha responded there was a propaganda to use the term "Indian variant" for the Coronavirus mutant.  He said that Singapore had taken objection to use of terms like "Singapore variant".

"India is a democracy, you know?", Justice Chandrachud then observed.  He asked if the Court can control forms of political propaganda. The judge also said that the time of the Supreme Court was being taken up by "frivolous petitions".

Justice Shah added that a criminal investigation is already pending in the 'toolkit' matter and said that the petitioner ought to avail remedies other than Article 32.

 The Bench further noted that directions could not be issued under Article 32 as a general, umbrella petition could not be maintained under the same.

Accordingly, the Court suggested Jha to withdraw the plea to pursue alternate remedies. Following this, the petitioner sought permission to withdraw the petition with liberty to pursue alternate remedies.

The 'toolkit' reference is to a document allegedly created by Congress giving instructions and social-media strategies to its members to mobilize a campaign to defame India and Union Government for its handing of COVID second wave.