JOIN USGross misuse of official machinery
There is hardly a precedent in the country for a state government going in for an investigation of the working of Central government agencies. But the Left Democratic Front (LDF) government in Kerala has decided to institute a judicial enquiry against some Central agencies, including the National Investigation Agency (NIA) and the Enforcement Directorate (ED) for "derailing’’ the investigation into cases related to the alleged smuggling of gold and foreign currency with the involvement of the UAE consulate in the state. A police case has already been registered in the state for pressurising the accused in the smuggling case to implicate Chief Minister Pinarayi Vijayan and some ministers in the case. The government has sought approval of the Election Commission for proceeding with its decision as the state is going to the polls on April 6.
Though the move is unusual, the state government was forced to make it to counter the concerted campaign of the Central agencies which have targeted it during the investigation into the cases. Though the outcome and consequences of such an enquiry are not clear, the government probably wanted to make a point by drawing attention to the wrong and biased working of the agencies. The state government had requested the Centre to probe the charge of smuggling, but no substantial progress has been made in the investigation after eight months. Instead, the investigating agencies have been making insinuations and suggestions about the involvement of ministers and others close to the government in the cases and even leaking dubious materials from their reports. Some persons were questioned and even arrests were made. But the person who sent the gold has not been questioned. Nor is it known where it ended up. There is still no evidence in the public domain of the involvement of anyone in the government in the cases. The Income Tax Department has also conducted some raids on agencies of the state government.
The Narendra Modi government has been accused of misusing its investigation agencies to trouble the governments of opposition parties and to hound and harass opposition leaders and critics. The gold smuggling case has been used to target the LDF government in a well-coordinated political plan which includes smear campaigns, harassment and persecutions. An investigation which could well have been concluded in weeks has been deliberately stretched till the elections. The investigation agencies’ conduct, including raids, during the election time, amounts to gross misuse of the official machinery and may even be considered intervention in the electoral process. The Central agencies are, in effect, working against the LDF candidates in the election. It is surprising that the Election Commission has not taken any action or made any comments on this, and its silence only shows its failure to discharge its constitutional responsibility.