Toolkit matter: NIA withdraws PIL seeking Supreme Court probe

Justice Chandrachud asked the lawyer-cum-petitioner to withdraw his petition and seek remedy in another forum or may move the High Court.

New Delhi: Petitioner Shashank Shekhar Jha on Monday (July 5) withdrew his PIL from the Supreme Court seeking an investigation of Toolkit by NIA, to get guidelines by Government of India against hoardings and other anti-national acts and seeking suspension of membership of Congress Party, if the allegations are found to be true, against the party.

A two-judge bench of the apex court, headed by Justice Dr. Dhananjaya Y Chandrahud and also comprising Justice M R Shah, asked the lawyer-cum-petitioner, Jha, to withdraw his petition or else may move the High Court under appropriate law somewhere else, but not in Supreme Court."I withdraw my petition," Jha told the apex court, to which, the SC allowed his prayer.

During the course of the hearing, Justice Chandrachud asked Jha if he wants an investigation. "If you (Shashank Sekhar Jha) do not like the Toolkit, then ignore the Toolkit," Justice Chandrachud told Jha."This is political propaganda, Justice Chandrachud said. The other judge on the bench, Justice Shah, said, Article 32 cannot be granted on this.

Justice Chandrachud asked Jha to withdrew his petition and seek remedy in another forum or may move the High Court. Then the petitioner-cum-lawyer, Jha, withdrew his petition from the SC. Jha had filed the Public Interest Litigation (PIL) before the Supreme Court on May 19 and sought appropriate directions or orders in the Toolkit matter. Jha, in his petition filed before the Apex Court, had made the Indian National Congress (INC) Party, Union of India (UOI), and Election Commission of India (ECI) as respondents in his PIL.

Jha, in his PIL, filed before the Top Court, seeking direction to the UOI to register a preliminary inquiry pertaining to the alleged Toolkit.

Jha said that the Toolkit matter be probed for the purpose of Investigation whether it (Toolkit) or any action pursuant to it, disclose any offense under section 120-B (Criminal Conspiracy) and various other sections of the Indian Penal Code (IPC) and section 13 of the Unlawful Activities (Prevention) Act (UAPA), and to secure the custody of the said Toolkit.

Jha in his PIL sought a direction to the ECI to suspend the registration of the INC Party if they are found to be allegedly doing anti-national acts and playing with the lives of the common people. The PIL also sought a direction to the UOI to issue necessary guidelines to each and every political party, group, and individual to stop all kinds of hoardings, and portraying an anti-national stance.

Jha, in his PIL filed before the apex court, also sought necessary direction to the UOI against the usage of photos of funerals, dead bodies, naming of mutants, after India and its Prime Minister, calling out a single religion for COVID-19.

(Inputs from agency)