This article explores the Supreme Court’s decision, the reasons for political interference in investigative agencies and the implications this poses. The Supreme Court (SC) recently declined to consider a petition from various political groups alleging “selective and targeted” usage of Central investigative agencies such as the Directorate of Enforcement (ED) and the Central Bureau of Investigation (CBI) against their leaders.
The Supreme Court’s Observation
The petitioners called for guidelines regarding the arrest, remand, and bail procedures for politicians. Nonetheless, the Supreme Court maintained that politicians and citizens must adhere to the same legal procedures. The court can intervene only when presented with individual cases and factual information, but it cannot provide separate, general guidelines for politicians.
Rise in ED and CBI Cases
The petitioner pointed out an increase in CBI and ED cases from 2014 to 2021, with only 23 convictions out of the 121 political leaders scrutinized by the ED and 124 by the CBI. Among those, a staggering 95% belonged to opposition parties.
Vulnerability to Political Interference
The vulnerability of CBI and ED in India to political interference stems from their non-statutory status. Instead, they are governed by executive orders, which makes them prone to manipulation by the government. As a result, these agencies could turn blind eyes to certain crimes or conduct politically driven investigations, thereby compromising their autonomy and independence.
Concerns over Misuse of Central Agencies
These agencies face several issues, such as political manipulation, lack of transparency, and accountability. These problems lead to apprehension and mistrust in their actions, misuse of power, violation of human rights, and delayed justice. For instance, in 2020, a father and son in Tamil Nadu were allegedly subjected to custodial violence that resulted in their deaths. This incident sparked nationwide outrage and calls for justice.
Preventing Misuse of Central Agencies
To address these issues, these agencies need to function transparently and independently of political influence. It is also necessary to ensure that they are adequately staffed and resourced, including providing training, support, and the required equipment. Enhancing legal and institutional frameworks that regulate these agencies can contribute to building public trust and confidence, ensuring they carry out their duties effectively and impartially. Granting greater autonomy and constitutional status to investigative agencies could potentially address issues of political manipulation and human rights violations in India. However, such a move would require the political will of a broad range of stakeholders.