Nirmala Sitharaman: ‘FIR’-‘ED’!?

Posted on 1st October, 2024 (GMT 19:35 hrs)

ABSTRACT

The article discusses an FIR against Finance Minister Nirmala Sitharaman, filed by Adarsh Iyer from the Janaadhikaara Sangharsha Parishath. It accuses Sitharaman and other BJP leaders of extorting corporate entities into purchasing electoral bonds by threatening Enforcement Directorate (ED) raids. The BJP allegedly collected ₹8,000 crores in this manner. While a Bengaluru court ordered a probe into these claims, the Karnataka High Court later stayed the investigation, citing insufficient evidence of extortion. The High Court has paused the case until October 22, 2024. This post also brings out the unconstitutional and crony electoral bonds scheme, the failing state of the Indian judiciary, and the naked collusion amidst the BJP and key corporate figures.

I. The Background: Whatever Has Happened…

The FIR against Union Finance Minister Nirmala Sitharaman stems from a complaint filed by Adarsh Iyer, co-president of the Janaadhikaara Sangharsha Parishath (JSP), alleging extortion linked to the now-scrapped electoral bonds scheme. The complaint accuses Sitharaman along with several BJP leaders and Enforcement Directorate (ED) officials, of pressuring companies to purchase electoral bonds by allegedly threatening them with ED raids. Iyer claims that this scheme benefited BJP leaders by more than ₹8,000 crores.

This FIR was filed after a Bengaluru special court ordered the investigation. The police registered the case under Indian Penal Code sections 384 (extortion), 120B (criminal conspiracy), and 34 (acts done by multiple persons). Those named in the FIR include state and national-level BJP leaders such as Nalin Kumar Kateel, BJP president J. P. Nadda and Karnataka BJP chief B.Y. Vijayendra.

However, on September 30, 2024, the Karnataka High Court granted an interim stay on the investigation until October 22. Justice M. Nagaprasanna, while hearing the petition filed by Nalin Kumar Kateel, ruled that continuing the investigation would be an “abuse of legal process”. The court noted that the case did not establish the key elements of extortion, as the complainant was not directly under threat or compelled to deliver property.

The High Court’s stay has paused the investigation, and the case will be reviewed again in late October, 2024. However, within this three weeks’ time, all the relevant data pertaining to the investigation might as well get tampered, destroyed or manipulated.

If any Opposition Leader belonging to the I.N.D.I.A. coalition were accused of similar charges, his/her life would have been become a nightmare by now, given the hastened pace with which the central agencies such as the CBI, ED etc., work as a parrot of the Centre in such cases⤡ ⤡.

Do we still retain our faith in the Indian judiciary after all such (mis-)happenings? ⤡ ⤡ ⤡ ⤡

One remembers that the electoral bonds scheme⤡ itself was conceived as controversial and was struck down by the Hon’ble Supreme Court of India in early 2024. The court cited concerns over transparency, accountability, violations of the (already failing state of) right to information⤡ ⤡, and implications for the (nearly endangered, censored) freedom of speech. Moreover, this entire crony capitalist scheme legitimized bribery amidst the “opaque” corporate agents and the political actors by means of a transparently opaque quid pro quo relationship. This context adds gravity to the allegations, as the scheme had already been deemed unconstitutional by the apex court.

SOURCES:

What is ‘electoral bonds extortion’ complaint that led to FIR against Sitharaman, BJP office-bearers VIEW HERE ⤡ (As reported on 29th September, 2024 ©The Print)

FIR against finance minister Sitharaman over poll bonds ‘extortion’, Congress seeks ouster VIEW HERE ⤡ (As reported on 29th September, 2024 ©The Times of India)

Meet the former engineer behind FIR against Nirmala Sitharaman: ‘Rule of law applies to everyone’ VIEW HERE ⤡ (As reported on 30th September, 2024 ©Scroll)

Karnataka HC stays Bengaluru police probe against Nirmala Sitharaman, others in electoral bonds extortion FIR VIEW HERE ⤡ (As reported on 1st October, 2024 ©The Indian Express)