Skip to main content

Kejriwal arrest: Why is poll panel silent on politics of vendetta?, ask ex-civil servants

Counterview Desk 

As many 87 former civil servants, who are part of the Constitutional Conduct Group (CCG), in an open letter to the Election Commission of India, referring to the recent arrest of Delhi chief minister Arvind Kejriwal, have wondered whether the top poll panel is abiding by its own commitment for level playing field between different political parties.
Addressed to ECI officials Rajiv Kumar, Gyanesh Kumar and Dr SS Sandhu, in their representation said, “A disturbing pattern of harassment and witch hunting of opposition parties and opposition politicians on the cusp of the general elections calls into question the motivation of the agencies”, asking why is ECI sitting silent amidst “politics of vendetta”.

Text:

We are a group of former civil servants who have served the Central and State governments in various capacities. We have no affiliation with any political party but are strongly committed to the ideals enshrined in the Constitution of India.
In the Election Commission of India (ECI) meeting with officers nominated as Election Observers on 11 March 2024, the Chief Election Commissioner (CEC) had stressed the importance of ensuring a level playing field for all political parties and candidates and keeping the polls free from intimidation and inducements. Just ten days after his exhortation, Arvind Kejriwal, the Chief Minister of Delhi was arrested, in what is known as the Delhi liquor policy case, under the draconian provisions of the Prevention of Money Laundering Act, where securing bail is extremely difficult. We are not questioning the right of law enforcement agencies to take steps to check corruption in high places and bring to book the guilty. What we are concerned about is the timing of this arrest. The liquor policy case has been investigated for over thirteen months and two prominent Aam Aadmi Party leaders have been in custody for months, with one of them, Sanjay Singh, being released on bail recently, while the former Depuy Chief Minister, Manish Sisodia, continues in jail. Even if it is the case of the investigating agency that Mr. Kejriwal was evading summons to appear before them, nothing stopped them from questioning him, if necessary, at his residence. The arrest of a senior opposition political functionary at a juncture when the Lok Sabha elections had been announced and the Model Code of Conduct was in place reeks, to our mind, of deliberate, motivated executive action. The law must take its course, as many legal worthies today never tire of saying, but the heavens would not have fallen if coercive action had been initiated after the end of the election process on 4 June 2024. One could understand that in the case of a criminal investigation relating to the right to life of a citizen, immediate arrest may be warranted. Surely, this would not apply in the case of a prominent political figure who is hardly likely to be a flight risk and, in whose case, with the investigations having gone on for so many months, the possibilities of tampering with evidence and influencing witnesses are quite remote.
The AAP CM arrest is not an isolated instance. A disturbing pattern of harassment and witch hunting of opposition parties and opposition politicians on the cusp of the general elections calls into question the motivation of the agencies. 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. Given the tardy record of the central law enforcement agencies in completing investigations and filing charge sheets, the undue zeal in selectively pursuing these cases gives rise to the suspicion that the motivation goes beyond a mere desire to enforce justice. More importantly, the arrest of political functionaries and the harassment of political parties after the election process has started not only deprives individuals of the exercise of their fundamental right under Article 19 of the Constitution of India to canvass for their candidates but also distracts political parties from focusing on the primary task of conducting their election campaign. 

Leave alone dealing with arbitrary executive actions with a heavy hand, Election Commission has not even issued a note of caution

The pattern of events over the past month calls for firm action from the ECI to quell rising public suspicion that the ECI is sitting silent while a politics of vendetta is being practiced to deny opposition parties the freedom to actively participate in the election process. To ensure that this does not continue, we are of the view that, just as the entire government machinery in the states functions under the control and supervision of the ECI, activities of the machinery at the Central government level, especially the law enforcement agencies, should be controlled by the ECI through exercise of its powers under Article 324 of the Constitution of India. Else, if state government law enforcement agencies adopt an approach similar to that of the central agencies, the resulting anarchy would make a mess of the entire electoral process.
We are deeply disturbed by the failure of the ECI to take immediate action in this matter. Media reports show that a delegation of members of prominent opposition parties met the CEC and the Election Commissioners as long back as 21 March 2024. However, leave alone dealing with such arbitrary executive actions with a heavy hand, the ECI has not even issued a note of caution in this regard.
Our group has been interacting with the ECI since 2017 and has sent many letters to your predecessors: there has been no response from the ECI over the past five years. We note that the ECI has reneged from its earlier stand opposing electoral bonds. The ECI has made no efforts to assuage doubts in the minds of the thinking public and political parties about the integrity of EVMs and the need to use VVPATs effectively to ensure accuracy in the recording of votes, a matter that is now sub judice. Nor has the ECI been particularly effective in enforcing the Model Code of Conduct to check its misuse, especially by the party in power. Our group had pointed out many such instances in the 2019 Lok Sabha elections but, apart from minor slaps on the wrist, the ECI failed to enforce its writ on repeated offenders. In the current elections as well, infractions of the Model Code of Conduct by no less a personage than the Prime Minister have not been acted upon by the ECI even after these were brought to its notice.
In spite of the enormous powers vested in it under Article 324 of the Constitution of India, the ECI, in recent years, has exhibited a strange diffidence, especially in dealing with actions that impact the conduct of free and fair elections. We urge the ECI to live up to the shining legacy bequeathed by a line of eminent persons who have led the ECI in the past seven decades. The nation looks to you to act with firmness and determination to maintain the reputation and sanctity of the world’s largest electoral exercise.
Satyameva Jayate
---
Click here for signatories

Comments

TRENDING

Gujarat's high profile GIFT city 'fails to attract' funds, India's FinTech investment dips

By Rajiv Shah  While the Narendra Modi government may have gone out of the way to promote the Gujarat International Finance Tec-City (GIFT City), sought to be developed as India’s formidable financial technology hub off the state capital Gandhinagar, just 20 km from Ahmedabad, a recent report , prepared by Tracxn Technologies suggests that neither of the two cities figure in the list of top FinTech funding receiving centres.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Why Ramdev, vaccine producing pharma companies and government are all at fault

By Colin Gonsalves*  It was perhaps Ramdev’s closeness to government which made him over-confident. According to reports he promoted a cure for Covid, thus directly contravening various provisions of The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. Persons convicted of such offences may not get away with a mere apology and would suffer imprisonment.

RSS 'never supported' reservation, Golwalkar didn't think casteism hindered Hindu unity

By Shamsul Islam*  RSS which claims to be the biggest organization of Hindus in the world is, in fact, a unique organization which trains its cadres in manufacturing and spreading lies in the pure Goebbelsian tradition. It functions as a gurukul; a high Caste learning institution for Hindu high castes where students also graduate in practicing what George Orwell termed ‘doublespeak’ and thus RSS has rightly been described as an “organization that thrives on political doublespeak”. [Edit, ‘Sangh’s triple-speak’, "The Times of India", 26 August 2002]. It is through lies that poison is spread against lower castes, minorities and all those who stand for multi-culturalism.

Urban Naxal to Amit Shah, AAP Bharuch candidate tops ADR's Gujarat criminal cases list

By Rajiv Shah  Refusing to go beyond the data released by the Election Commission of India (ECI) on the Lok Sabha candidates’ own declarations of their criminal record, educational qualification and assets, the Association of Democratic Reforms (ADR), a top-notch advocacy group, has declared Aam Aadmi Party candidate Chaitar Vasava, 35, having the highest number of criminal cases of all those fighting the electoral battle on 26 seats in Gujarat.

Modi win may force Pak to put Kashmir on backburner, resume trade ties with India

By Salman Rafi Sheikh*  When Narendra Modi returned to power for a second term in India with a landslide victory in 2019, his government acted swiftly. Just months after the election, the Modi government abrogated Article 370 of the Constitution of India. In doing so, it stripped the special constitutional status conferred on Jammu and Kashmir, India’s only Muslim-majority state, and downgraded its status from a state with its own elected assembly to a union territory administered by the central government in Delhi. 

Belgian report alleges MNC Etex responsible for asbestos pollution in Madhya Pradesh town Kymore: COP's Geneva meet

By Our Representative A comprehensive Belgian report has held MNC Etex , into construction business and one of the richest, responsible for asbestos pollution in Kymore, an industrial town in in Katni district of Madhya Pradesh. The report provides evidence from the ground on how Kymore’s dust even today is “annoying… it creeps into your clothes, you have to cough it”, saying “It can be deadly.”

Decade long Modi rule 'undermines' people's welfare and democracy

By Ram Puniyani*  Modi has many ploys up his sleeves when it comes to propaganda. On one hand he is turning many a pronouncements of Congress in the communal direction, on the other he is claiming that whatever has been achieved during last ten years of his rule is phenomenal, but it is still a ‘trailer’ and the bigger things are in the offing as he claims to be coming to power yet again in 2024. While his admirers are ga ga about his achievements, the truth lies somewhere else.

Malayalam movie Aadujeevitham: Unrealistic, disservice to pastoralists

By Rosamma Thomas*  The Malayalam movie 'Aadujeevitham' (Goat Life), currently screening in movie theatres in Kerala, has received positive reviews and was featured also on the website of the British Broadcasting Corporation. The story is based on a 2008 novel by Benyamin, and relates the real-life story of a job-seeker from Kerala tricked into working in slave conditions in a goat farm in Saudi Arabia.

Can universal basic income help usher in sustainable egalitarianism in India?

By Prof RR Prasad*  The ongoing debate on application of Article 39(b) in the Supreme Court on redistribution of community material resources to subserve common good and for ushering in an egalitarian society has opened new vistas wherein possible available alternative solutions could be explored.