The Supreme Court on Thursday called for a “pan-India mechanism” to determine whether political vendetta or vindictiveness is a motive behind the Union government unleashing the Enforcement Directorate (ED) on officials and Ministers in Opposition-ruled States, and States then retaliating by arresting the central agency’s local officers.
A Bench of Justices Surya Kant and K.V. Viswanathan said that Tamil Nadu should be the testing ground for the implementation of such a mechanism.
The Bench expressed concern about the fate of the country if States and central agencies engaged in a vindictive game of one-upmanship by filing cases and arresting each others’ officers.
“The ED and CBI [Central Bureau of Investigation] have detachments across India. They have officers in every State… We are not saying you [ED/CBI] are vindictive or they are vindictive. But suppose, in a given scenario, if there is some vindictive action from their side as a tit-for-tat for what they perceive as a vindictive action from your side -- if this goes on and on, what will happen to our federal set-up? What will happen to our country?” Justice Viswanathan asked.
The court was hearing a petition by the ED, represented by Solicitor-General Tushar Mehta, complaining that Tamil Nadu was not sharing details of its investigation into FIRs and complaints against Ministers, officials, and others in the State in cases of corruption, illegal sand mining, and disproportionate assets, among others. The ED has also sought the transfer of a case of bribery against its officer, Ankit Tiwari, from the Tamil Nadu Directorate of Vigilance and Anti-Corruption (DVAC) to the CBI. He was allegedly caught accepting ₹20 lakh from a doctor in Dindigul.
Senior advocate Kapil Sibal, and Tamil Nadu Additional Advocate General, senior advocate Amit Anand Tiwari, countered that the Centre was using the ED to “target” only certain non-BJP-ruled States. They alleged that the federal structure of the country has been jeopardised by the political vindictiveness on display.
“We should explore a fair and transparent mechanism or a body which will look into the inter-State ramifications, especially when different parties are at the Centre and States, and keep intact the object of punishing the guilty while preventing vindictive arrests… Unless that is evolved…” Justice Viswanathan said orally.
The court said that the mechanism should also ensure that the accused in genuine cases filed by the ED do not go scot-free by crying “political vendetta”.
“Allegations and counter-allegations of political vendetta cannot be evolved as a paradise for those who are corrupt… There should be some mechanism for screening, with a view to eliminate the apprehension of so-called or actual political vendetta… We cannot allow wrongdoers to go scot-free. The ultimate objective is a fair investigation… We can start with Tamil Nadu and then apply it to all the States,” Justice Kant observed.
Justice Viswanathan said that the Centre and Tamil Nadu need to consider this case only as a “trigger to evolve best practices… This kind of friction in a quasi federal set-up will cause hurt”.
Mehta said that the State of Tamil Nadu need not be bothered when the ED registers cases against individuals who happened to be senior Ministers. “If there is a vindictive arrest by the ED, there are courts. Courts are intervening in such cases,” the Solicitor-General submitted.
He pointed out that the ED would take cognisance of a case only if the predicate offences were scheduled in the Prevention of Money Laundering Act (PMLA). “Once we take cognisance, it is a statutory mandate under the PMLA that the agency, State or central, investigating the predicate offence, share all the details of the case with us. That is the system. Tamil Nadu is not sharing anything with us. The website showing the FIRs is blocked… We have been forced to come to the Supreme Court. Here, the State is opposing us and not the accused involved in the money-laundering cases,” Mehta contended.
“The statute [PMLA] gives the ED unbridled power to raid and arrest,” Sibal countered. The court issued notice to Tamil Nadu in the case, which will be listed after two weeks.
PM Modi, French President Macron meet at Jantar Mantar in Jaipur
Modi reached the observatory from Jaipur airport while Macron came to the site after visiting Amber Fort. The two leaders met there and hugged each other. Later, they visited the observatory.
Jantar Mantar is one of the oldest astronomical observatories featuring the world’s largest stone sundial. Macron is the chief guest at the Republic Day celebrations in Delhi on January 26.
Kerala Governor winds up policy address speech in a little over one minute, reads first and last paragraphs
The tenth session of the 15th Kerala Assembly opened on an extraordinary note with Governor Arif Mohammed Khan, who has been at odds with the CPI(M)-led Left Democratic Front (LDF) Government on a wide range of issues, winding up his policy address in approximately one-and-a-half minute.
The Governor concluded his speech after reading the first and final paragraphs of the 61-page document, in what was arguably the shortest policy address witnessed by the Kerala Assembly.
The Governor began his speech by stating that it was his “honour and privilege to address this august body of representatives of the people of Kerala marking the beginning of the 10th session of the 15th Kerala Legislative Assembly.”
Khan then announced that he was switching over to the last paragraph which read, “Let us remember that our legacy lies not in buildings or monuments, but in the respect and regard we show to the priceless legacy of the democracy, secularism, federalism and social justice. The essence of cooperative federalism is what has kept our country united and strong all these years. It is our bounden duty to ensure that this essence is not diluted. Together as part of this varied and beautiful nation we will weave the tapestry of inclusive growth and responsible resilience, overcoming all the challenges that are thrown our way.”
Earlier, Chief Minister Pinarayi Vijayan, Speaker A. N. Shamseer, Parliamentary Affairs Minister K. Radhakrishnan and Chief Secretary V. Venu received the Governor. After he left, the booklet containing the policy address was distributed to the members. When some Opposition UDF members expressed doubt whether the policy address was indeed read, the Speaker asked them to read the rules and procedures of the Assembly.
The policy address reflected the LDF government’s grievances against the fiscal policies of the Union Government, and demanded an “early reconsideration.”
“Paramount among these is the liquidity stress stemming from the vertical imbalance between Union and States in fiscal matters,” it noted, adding that Kerala’s share of taxes devolved by the Union Government dipped from 3.88% during the 10th Finance Commission to 1.92% during the 15th.
The policy address noted that the “discontinuation of GST compensation, reduction in the Revenue Deficit Grant and restrictions imposed on ‘off-budget’ borrowings of the State by the Union exacerbated the fiscal condition of the State.”
In this scenario, the state government had focused on achieving fiscal consolidation and enhancing domestic revenue mobilisation. Tax revenues of the state rose from ₹71,968 crore, marking an increase of nearly ₹13,600 crore, or 23.4% of the previous fiscal, it noted.
It further noted that “Kerala should be ensured its well-deserved share in the distribution of taxes.” The policy address also mentioned the Mullaperiyar dam, reiterating the Kerala stand that the only solution lies in a new dam “which assures water to Tamil Nadu and safety to the people of Kerala living in the downstream region.” It also noted that the government “is successfully” carrying out the scheme of social security pension with a monthly allocation of ₹900 crore.
The Assembly will reconvene on January 29 to discuss the motion of thanks to the Governor’s address.
INDIA bloc will unitedly fight against injustice across country: Rahul Gandhi
Congress leader Rahul Gandhi expressed confidence in the unity of the opposition INDIA bloc in combating injustice nationwide, a day after TMC supremo Mamata Banerjee’s decision to go solo in the Lok Sabha polls in West Bengal.
The Bharat Jodo Nyay Yatra, led by Gandhi, entered West Bengal from Assam through Bakshirhat in Cooch Behar district. State Congress president Adhir Chowdhury extended a warm welcome to Gandhi upon his arrival.
Addressing reporters in Cooch Behar, Gandhi accused the BJP and RSS of spreading hatred and violence across the country. He said, “The word ‘Nyay’ (justice) has been attached to the yatra because injustice is prevailing across the country. The INDIA bloc will fight against injustice across the country.” Gandhi’s remark exuding confidence in the INDIA bloc came a day after Mamata Banerjee’s decision to go solo in the Parliamentary elections in West Bengal caused ripples in the opposition bloc.
Banerjee’s sudden comments forced the Congress to adopt a conciliatory approach, with party spokesperson Jairam Ramesh asserting that the opposition bloc INDIA “cannot be imagined without Mamata Banerjee”.
The CPI(M) and Left parties, allies of the Congress within the state and the INDIA bloc at the national level, are expected to join the march. However, the TMC has chosen to abstain, citing a lack of information about the yatra.
The Bengal leg of the yatra covers 523 km across six districts and six Lok Sabha constituencies — Darjeeling, Raigunj, North and South Malda, and two in Murshidabad — spanning five days. This is Gandhi’s first visit to the state since the April-May 2021 assembly polls.
Commencing on January 14 in Manipur, the yatra is scheduled to cover 6,713 km in 67 days, passing through 110 districts in 15 states before concluding in Mumbai on March 20.
Dense fog may lower visibility during Republic Day celebrations in Delhi
Moderate to dense fog may affect visibility during the 75th Republic Day celebrations in the capital on Friday, the India Meteorological Department (IMD) said on January 25.
The IMD said people would be able to see up to only 400 metres until 8.30 am on January 26 due to foggy weather. The visibility levels may thereafter improve to 1,500 metres by 10.30 am.
The minimum temperature is likely to settle in the range of 5 to 7 degrees Celsius, the Met office said. The absence of active western disturbances (WD) weather systems that originate in the Mediterranean region and bring unseasonal rainfall to northwest India is one of the primary reasons behind the blinding layer of fog persisting over the plains in the region since December 25, the IMD said.
Generally, five to seven WDs impact the region during these months. The region has not seen any strong WD this winter so far, it said. Two WDs have affected the country so far — one in December and another in January — but their impact remained confined to Gujarat, north Maharashtra, east Rajasthan, and Madhya Pradesh.
Fog formation requires three conditions: weak low-level winds, moisture, and overnight cooling. Strong WDs, characterised by strong winds and precipitation, disrupt these conditions.
The lack of active WDs can also be attributed to the prevailing El-Nino conditions, abnormal warming of surface waters in the central Pacific Ocean.
Possible Indian interference in Canadian elections under investigation
An independent commission probing alleged foreign interference in Canada asked the Justin Trudeau government on Wednesday to share information about possible meddling in elections by India, a development that could aggravate already-tense Ottawa-New Delhi relations.
The commission was set up by Prime Minister Justin Trudeau’s government in September to conduct a public inquiry into foreign meddling in Canadian affairs after reports of alleged Chinese attempts to influence elections and mounting pressure for an inquiry. Beijing has repeatedly denied any interference.
The commission said in a statement on Wednesday that it had requested the Canadian government to provide documents “relating to alleged interference by India related to the 2019 and 2021 elections.”
“The commission will also examine the flow of information within the federal government in relation to these issues, evaluate the actions taken in response, assess the federal government’s capacity to detect, deter, and counter foreign interference, and make recommendations on these issues,” it said.
The commission, led by Quebec Judge Marie-Josee Hogue, is charged with conducting an independent public inquiry into allegations of attempted foreign interference in Canadian affairs by China, Russia and others. It is expected to complete an interim report by May 3 and deliver its final report by the end of this year.
Diplomatic relations between India and Canada have frayed in recent months over Canada’s allegations linking Indian agents to the murder of Sikh separatist Hardeep Singh Nijjar in British Columbia last year. India has rejected that allegation. Canadian authorities have yet to charge anyone with the killing.
In brief
Russian nationalist and ex-rebel commander Igor Girkin, whose pro-Moscow militants sparked a decade-long armed conflict in east Ukraine, was jailed for four years on January 25 after repeatedly criticising the Kremlin. Girkin, who also goes by the pseudonym “Strelkov”, was instrumental in fomenting the conflict between Kremlin-backed separatists and Kyiv’s armed forces in Ukraine’s Donbas region in 2014. He was arrested last year on “extremism” charges after months of public attacks on Russia’s military leaders and President Vladimir Putin, whom he chided for not pushing a more aggressive offensive against Ukraine.
Evening Wrap will return tomorrow.
