Supreme Court Must Intervene To Restrain Central Agencies Operations Against Opposition Till June 1

By Nitya Chakraborty

It may be a bit late as only six days are left for the beginning of the first phase of the Lok Sabha elections on April 19, but still it is high time that the Supreme Court intervenes to ensure level playing field for the opposition by stopping the politically motivated raids being currently conducted by the central agencies like the ED, CBI and the Income Tax Department against the opposition parties and their leaders.

The Lok Sabha election polling process will continue till June 1. Still there are six weeks left for the completion of the polling in seven phases. Till now, the ruling BJP has not only used its three central agencies to cripple the financial resources of the opposition parties, especially the main rival party the Congress, but it has also disrupted the campaigning schedule of the major opposition INDIA leaders by the issuance of summons by the ED and the CBI. The central agencies, especially the ED is acting as the main weapon of the ruling party to organize defections from the opposition in favour of the BJP.

This is a toxic situation and never such a situation was generated before any Lok Sabha elections. The Supreme Court has to act immediately to ensure the sanctity of the 18th Lok Sabha elections by ordering that all such activities of the central agencies against opposition will stay suspended till June 1, the last day of the elections. The agencies can continue to monitor their operations but no effective action can be taken against the opposition parties and the leaders.

Already the Supreme Court has taken some specific action. The Court has ruled that the TMC leader Abhishek Banerjee can not be summoned by the ED till the elections are over. Similarly, at the prodding of the Court, the IT department assured not to take any action against the Congress Party till the end of the Lok Sabha elections regarding its demand for arrears and penalty. These are specific interventions, but the Supreme Court must now come out with a general intervention, so that the ED or the IT department can’t go with their actions with the help of lower courts.

On April 11, a group of 87 retired civil servants, who served in both state and central governments, penned a strongly worded letter to the Election Commission of India (ECI) to voice concerns about challenges to a level playing field ahead of the general election. Signatories include former IAS, IPS, IFS officers. Though this letter is meant for the ECI, it is more relevant for consideration by the apex Court as it deals with wider areas affecting the Constitution.

While mentioning their non-affiliation with any political party and their commitment to “ideals enshrined in the Constitution of India,” the signatories began by questioning the timing of the arrest of Delhi Chief Minister and Aam Aadmi Party (AAP) national convener Arvind Kejriwal by the Enforcement Directorate (ED) in the Delhi liquor policy case when the model code of conduct was in force.

The former civil servants further raised alarm over the “disturbing pattern of harassment and witch hunting of opposition parties and opposition politicians on the cusp of the general elections” which they said “calls into question the motivation of the agencies”.

They also expressed reservations about the Income Tax department’s reassessment proceedings against the Congress and notices to opposition leaders just before a general election.

“It is puzzling why the Income Tax department should reopen old assessments of the Indian National Congress, as well as those of other opposition parties, that too on the eve of a general election. Carrying out searches of the premises related to Mahua Moitra, the Trinamool Congress politician who is a candidate in the Lok Sabha elections, at this juncture, and issuing notices to other opposition candidates, again defies explanation.”, the letter said.

If the sources are to believed, the three member ECI discussed the veracity of the allegations made by the INDIA leaders against the BJP government for misusing the central agencies. The EC’s latest view is that the Commission has no power in intervening in any ongoing probe. There was a talk of issuing an advisory to the central agencies, but that idea was also dropped. So, the opposition parties can not expect any effective intervention from the ECI, only the Supreme Court can issue any advisory to the central agencies in the name of the Constitution.

Earlier also, the Supreme Court took suo moto action regarding the situation in Manipur during ethnic riots and during Covid period to protect the migrant labour. In April 2024, the Supreme Court can assert its Constitutional responsibility by intervening in issuing strong advisory to the three central agencies to desist from acting as the agent of the ruling party. By declaring the 2017 Electoral Bond Act as unconstitutional on February 15 this year, the CJI Dr. D Y Chandrachud did a great service to the cause of level playing field in Indian democracy. In the same spirit, the learned CJI can judge the latest operational patterns of the three central agencies and come to his own conclusion. (IPA Service)

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