Poonam I Kaushish
What is it about yesterday’s Central Bureau of Investigation (CBI) and today’s Enforcement Directorate (ED) that it is always in the eye of the storm? Wherein, its fatal attraction for political cover-ups, clean chits, hit-ins and fool proof surety for law enforcers to become law breakers has earned it an ignominious nickname: Election Dhakosla. With the devil taking the hindmost!
Last week’s drama in West Bengal bears this out when ED raided several locations in Kolkata and Delhi of political consultancy firm Indian Political Action Committee (I-PAC) and its head Pratik Jain for crime in a multi-State money laundering offence of Rs 2742.32 crore from illegal coal mining with receipt of proceeds of crime of over Rs. 20 crore, but was obstructed by Chief Minister Mamata Banerjee along with her Chief Secretary, State DGP, Kolkata Police Commissioner and personnel.
Worse, they snatched files and electronic evidence containing incriminating material from ED’s possession, CCTV cameras which captured Chief Minister’s and her cohorts activities. Accusing Mamata of “taking law into her hands and misusing State police whenever any crime is investigated, which is not to her liking or which has potential of some incriminating material against her, Ministers, Party workers or officials working in cahoots.”
It is open secret that there has been a long battle of attrition between State Government and Central agencies. Last year there was flare-up over attack on ED by TMC workers and police in Sandeshkhali. Mamata’s nephew and TMC General Secretary being questioned in the illegal mining and cash-for-teachers-job scams. In 2019 a showdown over CBI questioning Kolkata Police Commissioner in Sardha and Rose Valley scams with Mamata sitting-ins.
Besides, ED too is besmirched by playing handmaiden to its political mai-baaps BJP of selectively targeting opponents given the overwhelming number of cases to intimidate them ahead of a State election, often with a little help of ‘partner’ Income Tax Department, filing of FIRs, hours of questioning to charge-sheets. Never mind if it raises serious doubts about its honesty and integrity of purpose to weed out the corrupt.
Ditto what Congress did under UPA 2004-2014 when BJP accused it of using CBI as its “caged parrot” by filing cases against opponents.
Think. Over the last ten years ED’s conviction rate has been less than one per cent. Yet the agency continues to use “process as punishment.” According to a recent report 95% politicians probed by the agency came from Opposition ranks over the years.
The Government’s response, “We did not make PMLA or ED. They were there. It’s just that they were completely useless… did no work. All these allegation of using ED against rivals is wrong. During Congress regime ED confiscated a mere Rs 34-36 lakhs. We were in Opposition. But since NDA came to power over Rs 2200 has been seized. How can they defame ED when heaps of notes are recovered on TV.”
According to ED, it registered 775 PMLA cases, last year, 333 prosecutions filed, 1773 cases under trail and conviction of 34 secured from courts this year. It has issued 461 attachment orders valued at Rs 30,036 crores. up from 441 last year.
Alongside, the police acted par of the course: Pleasing its political masters. Willy-nilly being used as an instrument of partisan agenda by the Party in power which utilizes it for its unsavoury ends to “fix” their problems. Favouring some, cracking down on others, going slow on key cases, messing up investigations, left half-way or not done at all. Those who refuse are humiliated and given punishment postings. Whereby, criminalization of politics has turned to politicization of police and political criminals.
At the same time, Mamata’s actions risk undermining her case and cause as she holds a Constitutional post of Chief Minister, not just TMC Chief . She cannot afford to bypass due process of law by making it a stand-off between Your Agency vs My Police. ED’s charge against I-PAC may or may not hold but that is for courts to decide not her. As, anything else invites questions and concerns about intimacies between TMC and I-PAC.
Regrettably, as oft happens, our netagan continue in legitimizing crime and corruption. Such is the nasha of power that all conveniently choose to merrily make political capital. Raising a moot point: Is the ED and police more sinned against than sinning? Are politicians the main culprit? Is the pot calling the kettle black?
The truth is mid-way. All work in tandem in furthering their own interest. Consequently, the system becomes self-perpetuating. Over the years, the threatened political elite have given more and more powers to ED and police to get their way and have their say. Their merit and investigative skills don’t really matter. What counts is loyalty and trustworthiness to the leader.
Unsurprisingly, investigation suffers as there is no “scientific investigation or procedures.” A recent report shows conviction rate is as low whereby it uses “process as punishment.” Thereby, sullying ED and police’s reputation, replete with its “failures” to back up charges with required evidence.
It is nobody’s case that accountability for corruption should not be fixed. However scrupulous adherence to due procedures and zero compromise on transparency should be the guiding principles. But, knowing our polity and its hypocritical culture, we will no doubt continue to hear noises or even be treated to some cosmetic measures. It is absurd nonsense to say that the ED cannot deliver.
What next? Prime Minister Modi has oft spoken about ushering in transparency in governance. It is high time ED stops being His Masters Voice and prevents abuse of power. Undoubtedly this would be a formidable task given that the agency needs purging of “yes men” and cleansed of backdoor instructions.
As the country’s premier financial crime agency it has a responsibility to be tough and uncompromising and investigate grubby deals without fear or favour. Certainly, in high stake cases there will be some setbacks. But today, the perception of political bias threatens to strain its efforts. If its probes are seen as biased it is not good it or its reputation. It needs to imbibe greater transparency to dispel for fog of bias. Time for it to introspect and course correct.
In the ultimate our leaders must desist from playing havoc with ED and police. They need to answer two questions: Will both agencies be guided by law of the land only or by Government of the day? Questionably, who will cast the first stone? Kiski laathi aur kiski bhains? —- INFA.
(
Follow our WhatsApp channel
