SC verdict on ED and CBI raids will further intensify anti-corruption drive

The Supreme Court has refused to entertain a petition by 14 opposition parties led by the Congress on the misuse of the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI). After this, it has now been decided that the investigation by the Enforcement Directorate (ED) and the Central Bureau of Investigation will accelerate further. Both these organizations and other central investigative agencies will further intensify their action. After the Supreme Court refused to hear a petition by 14 opposition parties led by the Congress on the misuse of the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI), the opposition parties withdrew their petition. The petition alleged arbitrary use of central investigative agencies like the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) against opposition leaders. The petition sought issuance of a fresh set of guidelines governing matters such as arrest, remand and bail.

Senior advocate Abhishek Manu Singhvi, appearing for the opposition parties, argued that from 2013-14 to 2021-22, there has been a 600 per cent increase in the cases of CBI and ED. 121 political leaders have been investigated by the ED. Out of which 95 percent leaders are from opposition parties. Of the 124 CBI investigations, more than 95 per cent are from opposition parties. Singhvi told the Supreme Court that this had a profound effect on the legitimacy of political protest.

The Supreme Court asked Singhvi that can we say because of these figures that there should be no investigation or no trial? Can leaders be kept out of this? The Supreme Court says that ultimately a political leader is basically a citizen and as citizens we are all subject to the same law. To this, Singhvi said the parties do not want the petition to affect any pending case in India and are also not asking to interfere in the ongoing investigation.

A bench of Chief Justice DY Chandrachud and Justice JB Pardiwala said that it would be dangerous to lay down general guidelines without regard to the facts of a case. Sensing the apex court’s reluctance to entertain the plea, senior advocate AM Singhvi, appearing for the political parties, sought permission to withdraw the plea. The bench ordered that the advocates seek permission to withdraw the petition at this stage. The petition is accordingly dismissed, treating it as withdrawn. The petition was filed by Congress, Dravida Munnetra Kazhagam (DMK), Rashtriya Janata Dal (RJD), Bharat Rashtra Samithi (BRS), Trinamool Congress (TMC), Aam Aadmi Party (AAP), Nationalist Congress Party (NCP), Shiv Sena (UBT), The petition was filed by Jharkhand Mukti Morcha (JMM), Janata Dal United (JDU), Communist Party of India Marxist (CPI), Communist Party of India (CPI), Samajwadi Party (SP) and Jammu and Kashmir National Conference. The parties who filed this petition did not consider that all government investigative agencies including police investigate. The case is decided in the court on the basis of evidence. If there is no evidence, then the case itself will be dismissed. In one or two cases, the court has also made such remarks. Even under other political pressure, no agency will make a wrong person an accused. Because he will be defamed if he does not prove the allegations in the court.

On the allegation of the opposition parties, the Enforcement Directorate has released a new data amidst the allegations of ‘targeted action’ being leveled by the opposition parties. The Enforcement Directorate has claimed in its data that the conviction rate in cases registered by it for money laundering whose trial has been completed is actually 96 per cent. According to the Enforcement Directorate, till January 31, 513 people have been arrested by the agency. Assets worth more than Rs 1.15 lakh crore have been attached. According to ED data, out of 25 cases where trials have been completed till January 2023, the allegations have been found to be true in 24 cases. Of these, 45 accused have been punished. On one hand the ED is claiming conviction in 96 per cent cases, on the other hand the National Investigation Agency (NIA) claims conviction in 94 per cent cases and the CBI in 68 per cent cases.

These statistics are enough to tell that all the accused who came under the scanner are not washed of milk. Most of them have been involved in corruption. All of them have gathered in fear of action and arrest on their part. One more thing, after the court rejected their appeal, there is no option left but to make hue and cry. Prime Minister Narendra Modi had announced from the Red Fort last time that there would be a spurt in corruption cases. No tolerance policy will be adopted. A day before the Supreme Court dismissed the case, Prime Minister Narendra Modi, while addressing the Diamond Jubilee celebrations of the CBI, gave it a free hand. The Prime Minister asserted that there is no lack of political will to fight corruption in the present government. He said that it is the desire of the country and its citizens that no corrupt person should be spared. In his address, PM Modi praised the work of CBI a lot. He said, ‘After 2014, our first responsibility was to re-establish faith in the system. That’s why we started action on mission mode regarding black money, benami property. Where there is corruption, the youth do not get proper opportunities. Only a particular ecosystem flourishes there. Corruption is the biggest enemy of talent and it is from here that nepotism and familyism get strengthened. When nepotism and familyism increases, then the strength of the society and the nation decreases. When the capability of the nation is low then the development gets affected. He said, ‘Primarily the responsibility of the CBI is to free the country from corruption. Corruption is not a common crime. Corruption takes away the rights of the poor and gives birth to many crimes. Corruption is the biggest obstacle in the way of democracy and justice. The Prime Minister also said, ‘Today there is no dearth of political will to fight against corruption in the country. You do not need to hesitate anywhere, stop anywhere.

Today, the opposition only blames the leaders who are with them for taking action. Apart from this, he has nothing to say. Recently, Congress leader Rahul Gandhi was sentenced to two years in a defamation case by the court. The punishment was given by the court, but all the parties are blaming the central government and the BJP in one voice. The Congress has even started agitation regarding this matter. The opposition began to gather on the action against Delhi Deputy Chief Minister Manish Sisodia. He always has only one allegation that the raids are being carried out under enmity. The question is if these raids are under enmity then why Manish Sisodia is still in jail since February 27. Why didn’t the trial court release him due to lack of evidence. Why is the court giving remand on remand against him? The CBI is probing the teacher recruitment scam in West Bengal on the orders of the High Court there. In this case, Partha Chatterjee, who was the education minister in Mamta’s government of West Bengal, is in jail. All the action is being taken on the orders of the court. Despite that, the blame is coming only on the central government, because the opposition has nothing to say other than this. With the Supreme Court rejecting the opposition’s case and the Prime Minister giving a free hand to the CBI, the opposition should be prepared for swift action from the central agencies.

-Ashok Madhup

(The author is a senior journalist)