Why does ED step up action against opposition leaders during elections, asks Sibal

New Delhi: Independent MP Kapil Sibal on Saturday wondered why the Enforcement Directorate (ED) acts against opposition leaders only when elections are underway and asked the Supreme Court to hear the review petitions pending before it on the jurisdiction of probe agencies.

Addressing a press conference here, he alleged that the only motive behind the ED action in West Bengal seems to be harassment of opposition leaders and cited examples of probe agency action against Hemant Soren in Jharkhand and Lalu Prasad and Tejashwi Yadav in Bihar during the assembly polls.

He also asked what the ED was investigating after raids against I-PAC in West Bengal, saying the probe agency cannot take away all the documents.

On Thursday, the ED carried out raids at the office of political consultancy firm I-PAC and the residence of its chief in Kolkata in connection with a coal smuggling case.

Its officials faced obstructions during the raids, with the ED claiming that West Bengal Chief Minister Mamata Banerjee entered the premises and took away "key" evidence related to the probe.

Sibal, a former Union minister, said the UPA government did not prosecute any political party or leader based on false information. Between 2004 and 2014, when the UPA was in power, the ED was never given such a free hand, he said.

"When the Enforcement Directorate was constituted, we did not know that it was an omnipresent prosecuting agency which could go anywhere, anytime in the country. It can also attack the federal structure, like troubling opposition leaders and making their governments fall, justified or not," he told reporters.

Noting that he was pained at the developments in West Bengal, Sibal said, "I do not want the unity and integrity of our country to be disturbed."

Asked if the Centre can impose President's rule in the state in view of the happenings, he said, "If someone takes an arbitrary decision without any basis, then that would have consequences too. If they are winning by two-thirds majority, then there will be a victory by three-fourths."

The Rajya Sabha MP sought to blame the Supreme Court for not hearing the review petitions pending before it on the jurisdiction of probe agencies.

"The time has come for all issues to be looked into by the Supreme Court. Otherwise, the federal structure would break down, and this would not go down well with people."

He said what is happening is that wherever an FIR is registered, the ED reaches there, as it feels that it has the right to investigate everywhere.

"It is also interesting that the ED acts only where elections are held. One would recall Jharkhand when the ED reached there during the elections. The same was done in Bihar, when the ED reached there during elections, and the court started the process so that Lalu Prasad and Tejashwi Yadav had to come to Delhi, and their election schedule was disturbed."

"Now the ED has reached West Bengal as the elections are to be held there," the former Union minister said.

Asked about the ED's allegation that the West Bengal chief minister caused hindrance during raids on I-PAC, Sibal said, "The ED should first tell what they were investigating. If they wanted documents related to the coal scam, at least that is what newspapers report, then they should have asked for access to computers... We will not take anything and ask for information relating to the coal scam."

"They suddenly remembered to collect documents during the election process. They want to create disturbance and their attitude and intention is clear -- how to trouble the TMC and Mamata Banerjee as they (BJP) cannot win otherwise in West Bengal," he said.

"The ED is omnipresent, like God. The ED is this government's God and can do anything. The CBI is also the same," Sibal said.