Over the past few months, central investigative agencies (CBI and ED) have been in proactive mode and taking action against many big leaders under PMLA and other acts. There are multiple leaders including Sanjay Raut, Nawab Malik, and others have been arrested by the investigative agencies and are currently lodged in jail. Now, CBI raiding Delhi Deputy Chief Minister Manish Sisodia has yet again put the central agencies in the spotlight with the opposition parties have been accusing the Central government of using CBI and ED for its 'political interest'. Amidst central investigation agencies' action, the Enforcement Directorate 'conviction rate' is what raises many eyebrows.
As per ED's official website, in the PMLA case, a total of 992 prosecution case has been filed i.e. such cases are currently under trial. But the total conviction person only stands at 25 making the percentage less than 3 percent. Furthermore, a total of 5422 cases have been registered from (31.03.2022) and only 25 persons have been convicted till now. The stats say that the opposition might be somewhat right in its own way, ED's former Deputy Director thinks otherwise.
On the condition of anonymity, ED's former Deputy Director stated that the work of the central agencies should not be seen through the prism of conviction rates as when the cases go to court it becomes judicial matters. He further said that an accused has multiple provisions to go to the higher courts after lower's court judgment, which does not mean ED or central agencies are less efficient in conviction.
Citing the example of RDJ Supremo Lalu Prasad Yadav, he further said the politician has been convicted, however, he is still out on bail and continuing his political career. Furthermore, he said that there is no limited time period for the ED for a particular investigation meaning the agencies sometimes keep on probing for 15 years on a case to come up with an air-tight case. However, when the accused appeals in the higher courts, the case becomes subjudiced.
On being further probed, that why the ED's official website tells a different story, he stated that the website is not updated, and in the past few years he has heard from his own sources that the conviction rate is 90 percent saying that approx 19 cases' prosecution trial has been completed and 17 have been convicted and only two have been acquitted.
Furthermore, on being asked whether ED and CBI are acting for the government's wish, he said no. "If you have not taken a dip in the Ganges, we will not say that you are wet," said the former ED officer adding that few politicians continue their business under the name of their wives. When the ED investigates it probes all angles and it becomes crystal clear that the tainted politicians are actually involved in those cases.
Interestingly, Shiv Sena MP Sanjay Raut was arrested by the ED last month and his wife's name also popped up in a money laundering case. On being asked if he thinks there are loopholes in the Indian judiciary he stated that there are no loopholes at all, but they must be used properly. ED takes action under PMLA upon three factors, 'material, a reason to believe in writing, and order'.
The former ED Deputy Director said that the Supreme Court states that unless the person is not convicted of the predicate offense it can't proceed under PMLA.