Congress Seeks EC Clampdown On 'Misuse' Of Central Agencies Against Party Leaders

On Wednesday (8 November), the Congress requested the Election Commission to intervene and halt what they described as the "misuse" of Central agencies, including the Enforcement Directorate, by the government, which they claim is aimed at Chhattisgarh's Chief Minister Bhupesh Baghel and the son of Rajasthan's CM Ashok Gehlot, Vaibhav Gehlot.

The Congress claimed in a memorandum submitted to the commission that the ED was acting at the behest of the BJP to tarnish the image of 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, Indian Express reported.

Additionally, the Congress pointed to the ED's raids on 26 October at the residences of Govind Singh Dotsara, the head of Congress in Rajasthan, and his family, in relation to a 2022 paper leak case.

The Congress argued that the ED's involvement in a case where the Rajasthan Police had already submitted a chargesheet and made over 60 arrests, currently under trial in a competent court, is “politically driven and without any lawful basis”.

The memorandum further noted that on the same day, October 26, the ED summoned Vaibhav Gehlot in a separate case, which the party decried as “sheer political vendetta”.

In seeking the EC's intervention, the Congress referenced the election panel's advisory from 7 April 2019, which asked enforcement agencies to maintain neutrality throughout 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 requested adherence to the EC's 2019 guidelines for Central agencies, punitive measures against ED officials "misusing" their authority, and the withdrawal of the ED's 3 November press release that mentioned 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.