ED-Mamata clash raises new concerns

The drama raises political, legal and Constitutional questions

The Enforcement Directorate (ED) has got into its act even before the run-up to the State Assembly elections in West Bengal has begun. The confrontation between the central investigation agency and Chief Minister and Trinamool Congress (TMC) leader Mamata Banerjee is only set to aggravate in the coming weeks. There was much drama last week after the ED raided the offices of the Indian Political Action Committee (IPAC) in Kolkata and Delhi. IPAC is the TMC’s political consultancy firm advising the party on the coming elections. Mamata Banerjee disrupted the raid in the IPAC office and prevented the ED from taking away material which she described as sensitive. She also took away some files which, according to her, contained details of the party’s political strategy and voter deletions following the Special Intensive Revision of electoral rolls. She described the raid as an ‘’attack on democracy’’ and led a protest march against the ED and the Union government. TMC supporters took out a march to Union Home Minister Amit Shah’s house in Delhi. The issue was taken to court, where the proceedings were stalled, and the ED has accused the TMC of obstructing the proceedings. The ED has approached the Supreme Court for relief. 

The timing of the raids raises serious questions about the ED’s claim that it is investigating a money-laundering operation in connection with an alleged coal smuggling syndicate. The searches were held under the Prevention of Money Laundering Act (PMLA) which has draconian provisions. Mamata Banerjee has alleged that the Union government is trying to undermine her election campaign through the ED. It has been alleged that a case which was registered years ago has now been revived with the elections in sight to embarrass the TMC and its government and to secure confidential political and election-related information. 

Suspicions about the misuse of the investigative agency for a political or electoral purpose are not misplaced when there is a history of such misuse. Previous governments have also resorted to such misuse but the present government has deployed the agencies under its command against Opposition parties and governments like never before. Opposition parties and their leaders have been harassed before elections in all states in the past. The argument that those who are investigated have the right to prove their innocence is facile because the cases are prolonged for years. The conviction rates in such cases are very low. The ED raids on IPAC have to be seen in that light. But Mamata Banerjee’s response is unusual and unprecedented. The obstruction of a raid conducted by a federal agency by a chief minister raises  political, legal and even Constitutional questions.