The Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) are said to have been used improperly, according to a plea submitted by the opposition parties that was denied by the Supreme Court. Judge J. B. Pardiwala and Chief Justice of India D. Y. Chandrachud's division bench made the observation that politicians cannot be positioned above the general public and cannot demand special legal protections or immunity from arrest.
The court also told the petitioners, "you come with specific cases. We cannot lay down the law in abstract on the basis of certain statistics." The court held that laying down general guidelines sans facts of a case is extremely dangerous. "We need facts to lay down general principles of law," the Bench added.
Also, the court urged each legislator to seek the proper relief from the courts. The Supreme Court said, "politicians are citizens and can't enjoy any higher protection. When you (political parties) argue that there is a chilling effect on the opposition because of CBI or ED are used against the opposition political leaders, the answer lies in the political space and not in the courts." The political party's senior attorney, Abhishek Manu Singhvi, made multiple attempts to persuade the courts that the parties are not asking for a retroactive application of a Supreme Court decision regarding the arrest criteria. He made a concerted effort to persuade the court to reconsider and establish guidelines for the detention of leaders of opposing political groups.