In a vehement critique of the Bharatiya Janata Party’s (BJP) governance, allegations have mounted against the ruling party for what many see as a blatant misuse of central investigating agencies like the Enforcement Directorate (ED), Central Bureau of Investigation (CBI), and others. This article delves into the heart of a controversy that has not only raised questions about the impartiality of India’s key enforcement bodies but also about the erosion of democratic practices and the rule of law in the world’s largest democracy.
At the core of the controversy are claims from various quarters, including opposition leaders, political analysts, and civil society members, accusing the BJP of orchestrating a campaign of intimidation and harassment against political opponents through targeted investigations and arrests. Critics argue that the government’s actions are not in pursuit of justice but are politically motivated efforts designed to silence dissent, weaken opposition ranks, and consolidate power as the country gears up for future electoral battles.
Several high-profile cases have been spotlighted as examples of this alleged misuse. Leaders from virtually every major opposition party find themselves embroiled in legal battles, with some accusing the BJP of using the ED and CBI as tools to engage in political vendetta. The timing of raids and investigations, often coinciding with crucial electoral moments or when opposition parties ramp up their criticism of the government, has further fueled suspicions of partisanship.
The opposition bloc, INDIA, has taken these allegations to the Election Commission, seeking intervention. However, the BJP denies these allegations, insisting that the law is being applied equally to all and that the agencies operate independently of any political influence.
This stark division paints a concerning picture of Indian politics, where the mechanisms meant to ensure accountability and justice are themselves under scrutiny. The situation calls for a critical examination of the balance of power, the role of investigating agencies, and the safeguards necessary to protect the democratic fabric of the nation from being undermined by political machinations.
The allegations of misuse of central investigating agencies like the ED (Enforcement Directorate) and the CBI (Central Bureau of Investigation) by the BJP-led government primarily focus on claims that a significant percentage of actions taken by these agencies target leaders and members of opposition parties. According to opposition parties in Assam, about 95% of the cases registered by the CBI and ED in the last four years have been against political figures opposed to the BJP, with no cases naming leaders from the ruling party during this period. High-profile opposition figures, including Sonia Gandhi, Rahul Gandhi, Abhishek Banerjee, Arvind Kejriwal, and Farooq Abdullah, have been interrogated, arrested, or had their properties raided from 2014 to 2023. The Assam Trinamool Congress chief, Ripun Bora, highlighted that these actions demonstrate a misuse of these agencies as tools to suppress political competition rather than to uphold justice and law enforcement (The New Indian Express).
Cases where BJP misused Investigating Agencies like ED, CBI and others :-
- Maharashtra Political Crisis: During a political upheaval within the Shiv Sena in Maharashtra, the ED summoned Rajya Sabha member Sanjay Raut, a key figure supporting then Chief Minister Uddhav Thackeray. Allegations were made that the ED’s actions were politically motivated to destabilize the state government (in).
- Rajasthan Political Drama: Amidst a political crisis in Rajasthan where Deputy Chief Minister Sachin Pilot and several MLAs distanced themselves from Chief Minister Ashok Gehlot, the ED raided the home and businesses of Gehlot’s brother, Agrasain Gehlot, over allegations dating back over a decade. Critics argued that these actions were intended to exert political pressure (in).
- Punjab Elections and ED Actions: Before the assembly elections in Punjab, the ED arrested the nephew of then Chief Minister Charanjit Singh Channi in a case related to illegal sand mining. This move was scrutinized for its timing and perceived as an attempt to influence the political landscape in the state (in).
- Allegations by Dimple Yadav: Dimple Yadav, a member of the Samajwadi Party, accused the BJP of misusing central agencies like the ED, CBI, and Income Tax Department, asserting that such actions were out of fear of a strong opposition alliance (Hindustan Times).
- Maharashtra Congress Chief’s Statement: Nana Patole, Maharashtra Congress chief, pointed out that the BJP uses the ED and CBI against opponents when it feels threatened. This was in context to the questioning of NCP’s Rohit Pawar in connection with the Maharashtra State Cooperative Bank scam probe by the ED (Udayavani).
- ED’s Action Against Nawab Malik: Nawab Malik, a leader from the Nationalist Congress Party (NCP), was jailed over a land deal, raising questions about the agency’s approach to opposition members (The Wire).
- Arrest of a Sitting Chief Minister: Arvind Kejriwal, the Chief Minister of Delhi, was arrested by the ED, marking a rare instance of a sitting chief minister being taken into custody by a central agency (India Today).
- JMM Working President Arrested: Hemant Soren, the working president of the Jharkhand Mukti Morcha (JMM), was also arrested, further escalating concerns among opposition parties (India Today).
- Congress Bank Accounts Frozen: In a move that was seen as impacting the financial capabilities of a major opposition party, the bank accounts of the Congress were frozen (India Today).
- Multiple Trinamool Congress Leaders Targeted: Leaders from the Trinamool Congress (TMC) have repeatedly been the subject of investigations and actions by central agencies (India Today).
- Changes in Police Leadership in Bengal: In West Bengal, the Director General of Police was changed three times within 24 hours, an action perceived as politically motivated (India Today).
- Alleged Targeting of BRS Leaders: Members of the Bharat Rashtra Samithi (BRS) faced raids and arrests, even though BRS is not part of the INDIA bloc, indicating a broader pattern of targeting opposition figures (India Today).
- Action Against Lalu Yadav’s Aide: An aide of former Bihar Chief Minister Lalu Prasad Yadav was arrested, adding to the tally of opposition figures facing legal action (India Today).
- FIR Against TMC’s Mahua Moitra: The Central Bureau of Investigation registered an FIR against TMC leader Mahua Moitra, spotlighting the legal challenges faced by opposition politicians (India Today).
- llegations of Misuse of State Power: The INDIA bloc, a coalition of opposition parties, met with the Election Commission to allege a “blatant and brazen” misuse of state power, citing instances like the arrest of Arvind Kejriwal as evidence of a pattern of targeting opposition leaders ahead of elections (India Today).
- General Allegations of Misuse: Sitaram Yechury, the general secretary of the Communist Party of India (Marxist), accused the government of harassing opposition leaders by utilizing the ED and CBI, challenging it to reveal the conviction rate in such cases over the last nine years (Outlook India).
- Specific Targets: AAP MP Raghav Chadha alleged that since the BJP came to power in 2014, 95% of cases registered by the ED and CBI were against opposition leaders. He claimed that after Delhi Chief Minister Arvind Kejriwal, other leaders like Jharkhand CM Hemant Soren, RJD leader Tejashwi Yadav, West Bengal CM Mamata Banerjee, and others would be targeted (ABP LIVE).
- Political Strategy for 2024 Elections: There are claims that the BJP’s aim to secure a significant victory margin in the 2024 general elections has influenced actions against opposition leaders. The strategy allegedly involves discrediting and disuniting the opposition to achieve a target of winning 400-plus Lok Sabha seats (Telegraph India).
- Impact on Political Dynamics: The ED and CBI’s actions against opposition leaders like Manish Sisodia, Lalu Prasad Yadav, and K. Chandrasekhar Rao’s daughter, K. Kavitha, are believed to affect the unity and financial stability of opposition parties, potentially influencing the outcome of elections (Telegraph India).
- Allegations of a Planned Arrest Sequence: According to Raghav Chadha, there’s a purported plan by the BJP to arrest prominent leaders from the INDIA alliance, including Arvind Kejriwal, as a strategy to weaken the opposition’s electoral prospects (ABP LIVE).
- CPI(M)’s Critique: Yechury highlighted the low conviction rate in cases initiated by the ED and questioned the disappearance of cases against opposition leaders who later joined the BJP, suggesting a political motive behind the actions of central agencies (Outlook India).
- Widespread Allegations: Opposition parties in Assam have claimed that 95% of the cases registered by the CBI and ED in the last four years targeted leaders from political parties opposing the BJP, without naming any leaders from the ruling party. This pattern has raised concerns about the impartial use of these agencies (The New Indian Express).
- Political Weaponization: The United Opposition Forum has alleged the BJP-led government has utilized the CBI and ED for political gains, targeting opposition leaders disproportionately. It’s claimed that during the BJP’s tenure since 2014, these agencies have been misused as tools against political rivals, with a noted absence of similar actions against BJP leaders (Sentinel Assam).
- Regional Concerns: In Telangana, leaders from various organizations have voiced concerns over the misuse of the ED and CBI to target opposition parties. This sentiment was shared at a roundtable conference, pointing towards a systematic approach to suppress political dissent through central agencies. The BJP government is accused of using these bodies to intimidate and silence opposition parties, raising fears over the erosion of democratic principles and the autonomy of these agencies (Telangana Today).
- BJP’s claim to secure over 400 seats: The most recent discussion surrounding the alleged misuse of central agencies like the ED and CBI by the BJP-led government is linked to Prime Minister Narendra Modi’s ambition for the BJP to secure over 400 seats in the upcoming 2024 general elections. This goal is believed to be a factor behind intensified actions against opposition leaders, aiming to discredit and divide them. The strategy includes leveraging corruption charges as a campaign plank, with recent actions against leaders from the Aam Aadmi Party, RJD, and others being noted examples (Telegraph India).
These allegations point to a pattern claimed by opposition parties, where the use of central investigative agencies is seen as part of a broader political strategy rather than purely judicial or law enforcement actions. The targeting of high-profile opposition leaders, especially those from parties forming the INDIA alliance, has raised concerns about the impartiality of these agencies and their impact on democratic processes and political competition in India.
BJP violating Indian Constitution
When a political party in India misuses its powers, several rules and acts under the Indian Constitution and associated laws may be violated. These include, but are not limited to:
- Constitutional Provisions:
– Article 14: Ensures equality before the law and equal protection of the laws within I
ndian territory.
– Article 19: Guarantees the freedom of speech and expression, assembly, association, movement, residence, and profession, which could be infringed by the misuse of power.
– Article 21: Provides protection of life and personal liberty, which could be violated through the misuse of governmental power.
- Representation of the People Act, 1951:
– Addresses election fraud and other malpractices. Misuse of power for electoral gains can lead to violations under this act, such as undue influence (Section 123) and bribery (Section 171B of the Indian Penal Code).
- Prevention of Corruption Act, 1988:
– This act is aimed at combating corruption in government agencies and public sector businesses in India. Any act of misuse of official position for personal gain can be prosecuted under this act.
- Criminal Procedure Code (CrPC), 1973 and Indian Penal Code (IPC), 1860:
– These codes outline the procedures for the administration of criminal justice and define various crimes and punishments. Misuse of power could involve violations of several provisions under these codes, including but not limited to, abuse of power, criminal breach of trust, and corruption.
- Right to Information Act, 2005:
– This act mandates timely response to citizen requests for government information. Misuse of power to withhold information unlawfully would violate this act.
- Public Interest Litigation (PIL):
– While PIL itself is not a law, it is a mechanism in the Indian legal system that allows the public to file lawsuits to protect the public interest. Misuse of power by a political party that harms the public interest could be challenged through PIL.
- Lokpal and Lokayuktas Act, 2013:
– This law was enacted to address complaints of corruption, to inquire into allegations of corruption against public functionaries, and for related matters. Misuse of power falling under corruption can be brought under scrutiny by Lokpal at the central level and Lokayuktas at the state level.
- Office of Profit:
– Under the Indian Constitution, legislators and other public officials are not allowed to hold positions that could result in conflicts of interest. Misusing power to gain office of profit is prohibited under Articles 102(1)(a) and 191(1)(a).
These laws and constitutional provisions aim to ensure that the exercise of power is done in a manner that is fair, transparent, and accountable, protecting the rights of citizens and maintaining the integrity of public office. Violations could lead to legal actions, including impeachment, disqualification from holding public office, and criminal charges, depending on the nature of the misuse.
From the above it can be concluded that BJP is very clearly violating Indian Constitution.