Editorial: Dubious distinction

If there is one area where the NDA government has achieved success, it is in weaponising the central investigating agencies to relentlessly go after the opposition leaders. There is a clear and systematic pattern of using probe agencies like the Enforcement Directorate (ED) to muzzle the voice of the opposition and intimidate them into submission. […]

If there is one area where the NDA government has achieved success, it is in weaponising the central investigating agencies to relentlessly go after the opposition leaders. There is a clear and systematic pattern of using probe agencies like the Enforcement Directorate (ED) to muzzle the voice of the opposition and intimidate them into submission. The allegations of disproportionate assets and PMLA (Prevention of Money Laundering Act) violations are among the most common charges slapped on the opposition politicians. But those who defect to the BJP earn complete immunity and get to sleep soundly. The fact that the convictions in such cases have been as low as nine out of 1,569 cases during the decade proves that they are largely politically motivated. While it is nobody’s case that the hoarders of illegal wealth should not be touched, it is the political affiliation of the chosen targets and the way the ED and I-T raids are executed that give rise to suspicion. Political vendetta appears to be the sole motive behind the recent spurt in ED raids. As a result, the credibility of the Enforcement Directorate and other agencies is at stake. Insulating the top investigating agencies from undue political influence forms an essential element of the much-needed police reforms in the country. The success of reforms in the police administration depends on the sincerity and commitment of the government. However, the actions of the NDA government on this front have failed to inspire any such confidence.

Parliament was recently informed that the raids carried out by the ED during 2014-2022 saw a nearly 27-fold increase as compared with the searches conducted between 2004 and 2014 when the UPA was in power. While the Centre has attributed the surge to its commitment to preventing money laundering, improved systems for gathering financial intelligence and better inter-agency cooperation, one wonders how many BJP leaders were targeted by the central agencies during the period and why only those in the opposition space are being singled out. Only 23 accused persons or entities have been convicted during this period, clearly pointing to investigative lapses and legal loopholes. The ED’s failure to build airtight cases in most instances gives room to allegations of ulterior motive and settling of political scores. It cannot be a mere coincidence that these searches are largely confined to non-BJP-ruled States. The ED owes an explanation for its selective and biased approach. With the Supreme Court now backing the ED’s powers under the PMLA and upholding the constitutional validity of provisions dealing with the arrest and attachment of property of persons involved in money laundering, it has become even more important for the premier financial probe agency to ensure that its credibility is not undermined. Its functioning must be above board.

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