Congress moves EC against ‘misuse’ of Central agencies to target its leaders

The memorandum cited the ED’s November 3 press release, just days before polling for the first phase of Chhattisgarh elections on Tuesday, that “falsely” linked Baghel to “ill-gotten money being attributed to the Mahadev app case”.

“On 02.11.2023 the search was conducted on an individual and on 03.11.2023 the press release was issued. The hasty nature in which the press release has been issued without conducting even basic due diligence before its issuance and callously including the name of a sitting CM clearly indicates the malicious and politically motivated nature of ED and misuse of the investigating agencies by the BJP which being in power in centre remote-controls these agencies to fulfil its political objectives,” the memorandum read.

The Congress also cited raids by the ED on October 26 in premises of Congress’s Rajasthan chief Govind Singh Dotsara and his family members in connection with a 2022 paper leak case.

Congress said that ED’s action in a case in which Rajasthan Police had already filed chargesheet with more than 60 arrests, and is being tried in a court of competitive jurisdiction is “politically driven and without any lawful basis”.

It added that on the same day, October 26, the ED summoned Vaibhav Gehlot in a different case,which the party said was “sheer political vendetta”.

Seeking the EC’s intervention, the Congress cited the poll panel’s April 7, 2019 advisory to enforcement agencies asking them to remain neutral during the election period.

“This Election Commission strongly advises that all enforcement actions during the election period, even when conducted ruthlessly with a view to curb that blatant electoral malpractice (of using money power to influence voter behaviour), be absolutely neutral, impartial and non- discriminatory,” the EC’s advisory said.

The Congress said the “blatant and audacious abuse” of the ED by the government during the election period was a violation of the Representation of the People Act, 1951 and Indian Penal Code sections regarding “undue influence”.

The Congress asked that the EC’s 2019 directions to Central agencies be adhered to, action be taken against those ED officials “misusing” their powers; and the withdrawal of the ED’s November 3 press release mentioning Baghel.

The memorandum was signed by Congress MPs Abhishek Manu Singhvi, Jairam Ramesh, Pramod Tiwari and Ranjeet Ranjan; senior advocate and former Union Minister Salman Khurshid; and Congress communications in-charge Vineet Punia.