ED driven by legal mandate, evidence, not shifting sands of politics: Official in response to Express report

“The Government’s unwavering stance on rooting out corruption has instilled renewed confidence among citizens, reinforcing the belief that India is shedding its image as a sanctuary for the corrupt,” the official said.

The official accused the Opposition of “spreading a spurious narrative that questions the credibility of agencies” and “engaging in a campaign to malign the integrity of our nation’s investigative agencies” after its “corrupt leaders” were “subjected to the rigours of the law”.

“The legal processes in India are far from linear or simplistic. They are characterised by a network of checks, balances, appeals and reviews that ensure no case is closed without exhaustive examination. This framework, while occasionally laborious, is fundamental to upholding the principles of justice and ensuring that the rule of law prevails over a singular version or viewpoint,” the official said.

Referring to the CBI, the official said, “To suggest that the agency’s primary focus is the pursuit of political figures is to wilfully ignore the statistical evidence available in the public domain. A mere handful of the total 10,622 preliminary inquiries and regular cases over the last 11 years pertained to politicians. It will not be an understatement to state that the total number of cases is approximately 1/1.5 per cent of the total cases. This figure hardly supports the claim of a politically motivated modus operandi.”

The official also said that “many high-profile cases involving politicians… were not self-initiated witch hunts” but “entrusted to the CBI by the constitutional courts”.

“Furthermore, the suggestion that the CBI is soft-pedaling matters ignores the reality that some investigations extend over prolonged periods, not due to lack of intent or competence, but because of the inherent complexities of international cooperation (such as the execution of Letters Rogatory), judicial stays, and the sheer volume and technical nature of the evidence,” the official said.

“The data and facts surrounding the ED’s investigations paint a picture of an agency dedicated to upholding the law. This stands in stark contrast to narratives that suggest a selective or politically driven modus operandi,” the official said.

According to the official, one of the arguments that have been made against the agencies is that “they are only working on cases around politicians”.

“…only 149 out of almost 6,260 PMLA cases pertain to MPs, MLAs, and politically exposed persons. In percentage terms, it comes to about 2.3 per cent. And investigation in these cases has led to identifying proceeds of crime worth over Rs 27,000 crore, attachment of proceeds of crime worth almost Rs 29,000 crore, conviction of two ex-ministers,” the official said.

“Investigations are also on against high profile bureaucrats, which has led to identification and attachment of proceeds worth over Rs 16,000 crore, key arrears and more.”

Flagging some of the cases listed in The Indian Express report, the official said:

1. “The Adarsh Cooperative Housing Society case began its journey through the legal system on January 29, 2011, with the CBI filing three charge sheets after a thorough investigation. The trial’s progress encountered a judicial roadblock as questions regarding the CBI’s jurisdiction and the prosecution’s sanction granted by the Hon’ble Governor of Maharashtra were raised. These issues are now sub judice, with three Special Leave Petitions (SLPs) pending before the Hon’ble Supreme Court of India, which has stayed the trial since January 11, 2018.” (Express responds: This has been stated in the report).

“Similarly, the case of Ashok Chavan in the Adarsh scam currently awaits a resolution of a point of law by the Supreme Court, an indication that the wheels of justice are turning, albeit at the pace dictated by the thorough examination of legal nuances.” (Express responds: This has been stated in the report).

2. “In the case of K Geeta, the court’s conviction stands as a testament to the judicial process, and the subsequent suspension of the conviction by the High Court to permit participation in elections is a legal recourse that lies outside the CBI’s domain.” (Express responds: These facts have been stated in the report.)

3. The Narada sting operation saw Sovan Chatterjee, MLA, chargesheeted only after obtaining the necessary prosecution sanction, underscoring the adherence to procedural mandates. (Express responds: The report states that Chatterjee was prosecuted by CBI after quitting the BJP.)

4. “Naveen Jindal’s involvement in the coal scam, chargesheeted in 2017, saw its trial begin, only to be stayed by the Supreme Court in 2022. The ED’s chargesheet against him stands as proof that the investigation’s progress is not swayed by the political standing of the accused.” (Express responds: These facts, including ED’s fresh probe in 2022, are recorded in the report.)

5. “Chhagan Bhujbal’s case, with a substantial attachment of proceeds of crime and the trial court rejecting his discharge application due to ED’s objection, the attachment of properties related to Ajit Pawar and the filing of a chargesheet against a company connected to him, ongoing investigations against Hasan Mushrif, and the attachment and confirmation of proceeds of crime linked to Praful Patel are all indicative of the ED’s unwavering pursuit of justice.” (Express responds: The report categorically states that the trial is on against Bhujbal. It also includes the court’s remark that the trial is moving at “snail’s pace”.)

6. “Furthermore, the intricate investigations into the civil aviation sector during Praful Patel’s tenure as the minister reveals a meticulous probe by the CBI, with one case leading to a chargesheet and others advancing towards a significant stage of investigation.” (Express responds: The report states that one case has been closed and is pending acceptance by court.)

“The ED’s proceedings against Pratap Sarnaik and Bhavana Gawali illustrate the same diligent pursuit, untethered to the political winds. The case linked to Ashok Chavan and the Supreme Court’s stay, Madhu Koda’s ongoing probes despite a stay on his sentence, and the discharge of Kripashankar Singh due to procedural requirements reaffirm a system that operates within the bounds of the law, not outside it,” the official said.

7. Referring to the case of Ajit Pawar, the official said “the investigation followed a logical progression from the findings of the Mumbai Police’s Economic Offences Wing (EOW) to the ED’s attachment of proceeds of crime and the subsequent filing of a prosecution complaint”. (Express responds: These facts are stated in the report.)

8. “The Integrity of Investigations: Similarly, Chagan Bhujbal’s case highlights the ED’s steadfast approach. Though the trial against him was stalled due to a pending constitutional challenge against PMLA in the Supreme Court, the agency’s position has remained consistent. The recent rejection of Bhujbal’s discharge petition by the trial court on account of ED’s objection, underscores the agency’s commitment to due process, despite the minister being part of the state government.”

9. “In the multifaceted investigations involving Praful Patel, the ED’s actions have been both methodical and comprehensive. The attachment of substantial proceeds of crime and the filing of prosecution complaints reflect an ongoing commitment to unravelling the intricacies of financial impropriety. The agency’s persistence, even in the face of delayed international cooperation, speaks to its dedication to uncovering the truth.” (Express responds: The report refers to the CBI’s closure report).

10. “Hasan Mushrif’s case further demonstrates the ED’s rigorous pursuit of justice. Despite the legal protections afforded to Mushrif through the High Court’s no-coercive action order, the ED’s investigation continues undeterred.” (Express responds: The report states that the case is open.)

11. “The investigation involving Mahila Utkarsha Pratishthan and Bhavna Gavli further illustrates the ED’s principled stance. Even as the EOW filed a closure report, the ED’s objection underscores its commitment to transparency and accountability. The legal process has not been swayed or altered, as evidenced by the court taking cognizance of the offence.” (Express responds: The developments in the case have been recorded in the report.)

“The scrutiny of the 23 cases investigated by the ED reveals”, the official said, “no indication of altered investigative or prosecutorial course by the ED” and “a consistency in approach, irrespective of the political shifts of the individuals involved”.

The official underlined the ED’s “proactive stance in contesting closure reports by predicate agencies in several cases, including those involving Maharashtra State Cooperative Bank, Mahila Utkarsha Pratishthan, TOPS Group, and Baba Siddique, indicating an active pursuit of justice rather than a passive acceptance of findings”.

“The ED’s stance has remained unchanged before and after any alleged political crossovers… None of the 23 cases have been closed by the ED, which reaffirms that the investigations are active and ongoing, countering any narratives suggesting premature termination of investigations,” the official said.

(Express responds: The report does not state anywhere that the ED has closed its investigations in these cases).