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By Poonam I Kaushish<\/strong><\/p>\n \n What is it about yesterday\u2019s Central Bureau of Investigation (CBI) and today\u2019s Enforcement Directorate (ED) that it is always in the eye of the storm? That too, for all the wrong reasons.\u00a0 Last week Chief Justice Gavai strongly rebuked ED for \u201ccrossing all limits\u201d while conducting investigations into some recent cases.<\/p>\n The case pertains to a Special Leave Petition (SLP) filed by Tamil Nadu State Marketing Corporation (TASMAC) challenging a Madras High Court dismissing three writ petitions filed by the State and TASMAC to declare as illegal ED\u2019s search and seizure in connection with a money laundering case.<\/p>\n Questioning ED\u2019s legality of action, particularly its decision to register a case against a Corporation. \u201cHow can you register a case against a corporation? You may register against individuals, but how against a corporation? Where is the predicate offence? ED\u2019s intervention seems unnecessary and infringement of the federal principle.\u201d<\/p>\n \u201cThe State Government has already filed 40 FIRs against official accused of taking bribes for allotment of liquor outlets. Why has ED jump into the fray?\u201d Refusing to buy Government\u2019s line of doing \u201cnothing wrong,\u201d as it was an alleged multi-crore money laundering case, the Court added, \u201cED has been overreaching its powers recently.\u201d<\/p>\n But this is not the first time, nor will it be the last when the Supreme Court has pulled up ED for violating red lines and misusing the Prevention of Money Laundering Act (PMLA). Earlier too the Court expressed concern that the agency made allegations of money laundering in \u201cumpteen cases \u2026. this is the pattern \u2014 just make allegations without any reference to anything without backing them with proof or evidence.\u201d<\/p>\n In February too, the court had pulled up ED for using PMLA to keep an accused in jail and questioned if the provision was \u201cbeing misused.\u201d In January it called out the agency for \u201chigh handedness and inhuman conduct\u201d by questioning a Haryana ex-MLA for over 15 hours. Last year the Court disapproved of how PMLA was being used to keep individuals jailed without trial for an unreasonably long time.<\/p>\n In fact, the top court has progressively placed guardrails around ED\u2019s considerable powers. This has played out against the backdrop of a political fight between Opposition Parties that blame BJP for using investigative agencies for political vendetta and the Government which accuses its rivals of corruption.<\/p>\n Over the years ED, which comes under the Finance Ministry has fatal attraction for hit-ins, clean chits, political cover-ups and fool proof surety for law enforcers to become law breakers legitimizing crime and corruption. Remember how Modi as Gujarat Chief Minister had lambasted CBI for being biased and targeting the people of Gujarat. \u201cWhy are we being treated like an enemy State?\u201d he had queried. Today the boot is on the other foot. As Prime Minister he is being accused of selective targeting of political opponents.<\/p>\n Unsurprisingly, it raises doubts about ED\u2019s honesty and integrity of purpose to weed out the corrupt. What to speak of making a mockery of Modi\u2019s procrastinations of the agency\u2019s so-called \u2018autonomy\u2019, and \u2018independence\u2019. Sic.<\/p>\n It is open secret ED is besmirched by playing handmaiden to its political mai-baaps tune. After all, what better tool to help friends and settle political scores with opponents.\u00a0 Never mind if it raises serious doubts about its honesty and integrity of purpose to weed out the corrupt.<\/p>\n Allegations abound how the agency is being used to intimidate and cow-down opponents. Be it during Congress era or Modi Sarkar. From political partisanship, raids on susceptible opponents, often with a little help of \u2018partners\u2019 ED and Income Tax Department, filing of FIRs, hours of questioning to charge-sheets, favouring some, cracking down on others, going slow on key cases, messing up investigations, left half-way or not done at all.<\/p>\n Think. Over the last ten years the ED\u2019s conviction rate has been less than one per cent. Yet the agency continues to use \u201cprocess as punishment.\u201d According to a report has selectively targeted of Opposition leaders over the years. A recent report reveal 95% politicians probed by the agency came from Opposition ranks.<\/p>\n The Government\u2019s response, \u201cWe did not make PMLA or ED. They were there. It\u2019s just that they were completely useless\u2026 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.\u201d<\/p>\n According to ED, it has registered 775 PMLA cases, 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.<\/p>\n 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 more sinned against than sinning? Are politicians the main culprit?\u00a0 Is the pot calling the kettle black?<\/p>\n The truth is mid-way.\u00a0 Both 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 to get their way and have their say.\u00a0 Its merit and investigative skills don\u2019t really matter. What counts is loyalty and trustworthiness to the leader.<\/p>\n Unsurprisingly, investigation suffers as there is no \u201cscientific investigation or procedures.\u201d A recent report shows conviction rate is as low as one per cent in the past ten years. Worse, it used \u201cprocess as punishment.\u201d Thereby, sullying the agency\u2019s reputation, replete with its \u201cfailure\u201d to back up charges with required evidence.<\/p>\n It is nobody\u2019s 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.<\/p>\n 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 \u201cyes men\u201d and cleansed of backdoor instructions. There is no point in initiating a biased investigation which does not guarantee a fair probe.<\/p>\n As the country\u2019s 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\u00a0 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.<\/p>\n At the end of the day, the powers-that-be must desist from playing havoc with the CBI. They need to answer two pointed questions: Will ED be guided by the law of the land only or by the Government of the day? Questionably, who will cast the first stone? Kiski laathi aur kiski bhains? \u2014 INFA<\/p>\n","protected":false},"excerpt":{"rendered":" ED’s Questionable Credibility By Poonam I Kaushish What is it about yesterday\u2019s Central Bureau of Investigation (CBI) and today\u2019s Enforcement Directorate (ED) that it is always in the eye of the storm? That too, for all the wrong reasons.\u00a0 Last week Chief Justice Gavai strongly rebuked ED for \u201ccrossing all limits\u201d while conducting investigations into […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[16],"tags":[],"class_list":{"0":"post-264675","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-features"},"_links":{"self":[{"href":"https:\/\/arunachaltimes.in\/index.php\/wp-json\/wp\/v2\/posts\/264675","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/arunachaltimes.in\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/arunachaltimes.in\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/arunachaltimes.in\/index.php\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/arunachaltimes.in\/index.php\/wp-json\/wp\/v2\/comments?post=264675"}],"version-history":[{"count":0,"href":"https:\/\/arunachaltimes.in\/index.php\/wp-json\/wp\/v2\/posts\/264675\/revisions"}],"wp:attachment":[{"href":"https:\/\/arunachaltimes.in\/index.php\/wp-json\/wp\/v2\/media?parent=264675"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/arunachaltimes.in\/index.php\/wp-json\/wp\/v2\/categories?post=264675"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/arunachaltimes.in\/index.php\/wp-json\/wp\/v2\/tags?post=264675"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}