OpinionUpdated:
August 03, 2022 10:20 pm IST
In 2013, the Supreme Court referred to the Central
Bureau of Investigation ("CBI") as "a caged parrot speaking in
its master's voice". A decade later, the parrots (now unleashed) called
central agencies not only speak in their master's voice, but have also begun to
powerfully attack anyone does not obey their master. The CBI, IT, ED - these
agencies, instead of standing upright as an institution, have been reduced to
political tools at the hands of the central government to silence any voices of
opposition.
Of these, the Enforcement Directorate
(ED) has proven to have been weaponized by the BJP in recent times. While
agencies like the CBI may still require consent of the state governments to
conduct their investigations, the powers of the ED under the Prevention of
Money Laundering Act, 2002 (PMLA) make it virtually impossible to maintain the
fairness and transparency of the process. The recent Supreme Court verdict has
worked as a shot in the arm for them to go all out with a vengeance.
In response to my question in the
Rajya Sabha, the Ministry of Finance informed the House on July 26, 2022 that
in the first nine years of the legislation that was upheld by the Supreme
Court, 112 searches were carried out. In sharp contrast, as many as 3,010
searches have been conducted in the last eight years since the BJP came into
power in 2014. While the number of searches have increased by 27 times, the
conviction rate remains low: of the total searches carried out since 2014-15,
only 23 persons have been convicted.
I am reminded of Franz Kafka's
question, "What comes before the law?" The current political scenario
in India seems to have an answer to offer - before the law, comes the
punishment. The low conviction rate suggests that the process is in itself
the punishment. More often than not, the objective of framing charges based on
partially-conducted investigations and ill-verified facts is to merely harass
opponents and settle political scores. By the time investigation is completed,
the damage is already done. The reputation of the dissenter is maligned and the
message of tyrannical superiority is conveyed.
In the recent political developments
in Maharashtra, many of the MLAs/MPs that chose to defect did so because they
had serious ED charges against them. Similarly, several MPs also feared ED
action. Former Minister and Shiv Sena former MLA Arjun Khotkar held a tearful
press conference in which he revealed that he had been threatened with arrest
and further investigations which would drag in his family as well; his assets
were attached earlier by the ED, hence, he took the painful decision of
supporting the rebel camp.
Looking at these above instances, it
makes one wonder if the BJP is the political equivalent of a holy bath
that morally transforms anyone who becomes one with it. The
ones who choose to stick to their principles and conscience are punished by the
government-controlled agency - not through a fair and just trial but through
harassment, defamation, and fake charges. While the rebel leaders in Maharashtra
chose to sit in the lap of BJP and help them form a government, Sanjay Raut
refused to bow to the tyranny of the centre and is now arrested by the ED.
Interestingly, the 'holy bath' also
wipes out previously committed sins. Since 2014, the central agencies have
targeted at least 609 political personalities or their family members. Of this,
only 39 were from the BJP and 570 were from the principal Opposition parties.
If Opposition party members switchover to the BJP, their cases are sent to cold
storage and hence the list of 'wiped-off' cases is very long. It is also not a
mere coincidence that these searches are largely confined to non-BJP-ruled
States. Thus, the selective and biased approach requires no further
substantiation. While political opponents (from states where high stakes were
involved for BJP), remain in the limelight of these investigations, the ED has
invoked the provisions of PMLA across companies, rights groups, journalists,
activities, etc.
What is equally problematic is how
the present officer holding the post of Director who was appointed in 2018 had
his appointment extended by one year: just two days before his
retirement, the Central government hastily passed ordinances to extend the
tenure by five years retrospectively after the Supreme Court had ordered no
further extension under the existing rules. Apart from this, the retrospective
application of the law, limited review mechanism due to non-disclosure of
Enforcement Directorate Case Information (EDCI) Report, a reverse burden of
proof, and no requirement to communicate grounds of arrest - the provisions
violate the most fundamental rights guaranteed to a citizen under the Constitution.
The large number of political vendetta examples call for the need to
rationalise the law and strike a balance.
The present government seems to have
adopted the principle of 'rule by law' instead of 'rule of law'.
The central government has launched a witch-hunt against politicians,
journalists and businessmen who dissent with the government. As they go after
all Opposition parties, we must introspect - where does this stop and who pays
the price for this political vendetta? It is the people, our democracy and
finally, this nation that pays the price - through a lack of dissent, lack of
debates and deliberations in parliament and outside, lack of accountability and
transparency, and most importantly, through the liberty of public
representatives and finally, the people at large. The fight against this
oppression and suppression is needed more than ever.
(Priyanka Chaturvedi is Member of
Rajya Sabha and Deputy Leader Shiv Sena.)
Source: NDTV-Opinion
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