23 Out of 25 Opposition Leaders Reprieved from Corruption Charges After Joining BJP: The Indian Express

20 Cases Stalled or Put in Cold Storage, 3 Officially Closed

Newsreel Asia Insight #182
April 5, 2024

Twenty-three out of 25 politicians facing corruption charges found relief after aligning with the Bharatiya Janata Party (BJP) since 2014, according an investigation by The Indian Express. These politicians, previously under scrutiny by central agencies, represent a diverse political spectrum, including the Congress, Nationalist Congress Party (NCP), Shiv Sena, Trinamool Congress (TMC), Telugu Desam Party (TDP), Samajwadi Party (SP) and YSR Congress Party (YSRCP).

The Indian Express investigation reveals that post their defection to the BJP, 20 cases have been either stalled or put in cold storage, with three cases officially closed. This pattern of inaction contrasts starkly with the aggressive pursuit of opposition politicians by the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) since the National Democratic Alliance (NDA) assumed power in 2014, the newspaper notes.

The opposition has criticised this phenomenon as a “washing machine” effect, where legal troubles for politicians seem to dissipate upon joining the BJP. This trend, although not new, has reached an unprecedented scale, raising questions about the impartiality of central investigative agencies, according to the newspaper.

During the Congress-led United Progressive Alliance (UPA) tenure in 2009, similar shifts in investigative focus were noted, particularly in the cases against BSP’s Mayawati and SP’s Mulayam Singh Yadav, hinting at a longstanding political influence over legal proceedings, the newspaper points out.

The recent political upheavals in Maharashtra have spotlighted this issue, with 12 of the 25 politicians, including prominent figures from the NCP and Shiv Sena, joining the BJP amid the state’s turbulent politics. Notably, cases against NCP’s Ajit Pawar and Praful Patel saw significant reversals post their party switch.

Ajit Pawar’s journey through the legal system exemplifies this trend. The Mumbai Police’s Economic Offences Wing (EOW) initially filed a closure report in his case in October 2020, only to reopen it and then close it again in March after his shift to the NDA. Similarly, the CBI and ED’s actions in cases against other politicians like Suvendu Adhikari, Himanta Biswa Sarma and Ashok Chavan have notably slowed or halted following their affiliation with the BJP.

The Indian Express’s findings indicate a selective approach in pursuing corruption cases, contingent on the political allegiance of the accused. This approach has led to the closure or stagnation of numerous high-profile cases, casting a shadow over the accountability and impartiality of India’s central investigative agencies.

In response to the newspaper’s inquiries about these patterns, officials from the CBI and ED maintained that their investigations are evidence-based and denied any allegations of bias or partiality. They asserted that delays in action are due to various reasons and not necessarily indicative of a lack of intent to prosecute.

The detailed chronology of cases, including those of Ajit Pawar, Praful Patel and others, provided by the newspaper illustrates a clear pattern of legal outcomes being influenced by political realignments.