Skip to main content

Kejriwal arrest: Why is poll panel silent on politics of vendetta?, ask ex-civil servants

Counterview Desk 

As many 87 former civil servants, who are part of the Constitutional Conduct Group (CCG), in an open letter to the Election Commission of India, referring to the recent arrest of Delhi chief minister Arvind Kejriwal, have wondered whether the top poll panel is abiding by its own commitment for level playing field between different political parties.
Addressed to ECI officials Rajiv Kumar, Gyanesh Kumar and Dr SS Sandhu, in their representation said, “A disturbing pattern of harassment and witch hunting of opposition parties and opposition politicians on the cusp of the general elections calls into question the motivation of the agencies”, asking why is ECI sitting silent amidst “politics of vendetta”.

Text:

We are a group of former civil servants who have served the Central and State governments in various capacities. We have no affiliation with any political party but are strongly committed to the ideals enshrined in the Constitution of India.
In the Election Commission of India (ECI) meeting with officers nominated as Election Observers on 11 March 2024, the Chief Election Commissioner (CEC) had stressed the importance of ensuring a level playing field for all political parties and candidates and keeping the polls free from intimidation and inducements. Just ten days after his exhortation, Arvind Kejriwal, the Chief Minister of Delhi was arrested, in what is known as the Delhi liquor policy case, under the draconian provisions of the Prevention of Money Laundering Act, where securing bail is extremely difficult. We are not questioning the right of law enforcement agencies to take steps to check corruption in high places and bring to book the guilty. What we are concerned about is the timing of this arrest. The liquor policy case has been investigated for over thirteen months and two prominent Aam Aadmi Party leaders have been in custody for months, with one of them, Sanjay Singh, being released on bail recently, while the former Depuy Chief Minister, Manish Sisodia, continues in jail. Even if it is the case of the investigating agency that Mr. Kejriwal was evading summons to appear before them, nothing stopped them from questioning him, if necessary, at his residence. The arrest of a senior opposition political functionary at a juncture when the Lok Sabha elections had been announced and the Model Code of Conduct was in place reeks, to our mind, of deliberate, motivated executive action. The law must take its course, as many legal worthies today never tire of saying, but the heavens would not have fallen if coercive action had been initiated after the end of the election process on 4 June 2024. One could understand that in the case of a criminal investigation relating to the right to life of a citizen, immediate arrest may be warranted. Surely, this would not apply in the case of a prominent political figure who is hardly likely to be a flight risk and, in whose case, with the investigations having gone on for so many months, the possibilities of tampering with evidence and influencing witnesses are quite remote.
The AAP CM arrest is not an isolated instance. A disturbing pattern of harassment and witch hunting of opposition parties and opposition politicians on the cusp of the general elections calls into question the motivation of the agencies. It is puzzling why the Income Tax department should reopen old assessments of the Indian National Congress, as well as those of other opposition parties, that too on the eve of a general election. Carrying out searches of the premises related to Mahua Moitra, the Trinamool Congress politician who is a candidate in the Lok Sabha elections, at this juncture, and issuing notices to other opposition candidates, again defies explanation. Given the tardy record of the central law enforcement agencies in completing investigations and filing charge sheets, the undue zeal in selectively pursuing these cases gives rise to the suspicion that the motivation goes beyond a mere desire to enforce justice. More importantly, the arrest of political functionaries and the harassment of political parties after the election process has started not only deprives individuals of the exercise of their fundamental right under Article 19 of the Constitution of India to canvass for their candidates but also distracts political parties from focusing on the primary task of conducting their election campaign. 

Leave alone dealing with arbitrary executive actions with a heavy hand, Election Commission has not even issued a note of caution

The pattern of events over the past month calls for firm action from the ECI to quell rising public suspicion that the ECI is sitting silent while a politics of vendetta is being practiced to deny opposition parties the freedom to actively participate in the election process. To ensure that this does not continue, we are of the view that, just as the entire government machinery in the states functions under the control and supervision of the ECI, activities of the machinery at the Central government level, especially the law enforcement agencies, should be controlled by the ECI through exercise of its powers under Article 324 of the Constitution of India. Else, if state government law enforcement agencies adopt an approach similar to that of the central agencies, the resulting anarchy would make a mess of the entire electoral process.
We are deeply disturbed by the failure of the ECI to take immediate action in this matter. Media reports show that a delegation of members of prominent opposition parties met the CEC and the Election Commissioners as long back as 21 March 2024. However, leave alone dealing with such arbitrary executive actions with a heavy hand, the ECI has not even issued a note of caution in this regard.
Our group has been interacting with the ECI since 2017 and has sent many letters to your predecessors: there has been no response from the ECI over the past five years. We note that the ECI has reneged from its earlier stand opposing electoral bonds. The ECI has made no efforts to assuage doubts in the minds of the thinking public and political parties about the integrity of EVMs and the need to use VVPATs effectively to ensure accuracy in the recording of votes, a matter that is now sub judice. Nor has the ECI been particularly effective in enforcing the Model Code of Conduct to check its misuse, especially by the party in power. Our group had pointed out many such instances in the 2019 Lok Sabha elections but, apart from minor slaps on the wrist, the ECI failed to enforce its writ on repeated offenders. In the current elections as well, infractions of the Model Code of Conduct by no less a personage than the Prime Minister have not been acted upon by the ECI even after these were brought to its notice.
In spite of the enormous powers vested in it under Article 324 of the Constitution of India, the ECI, in recent years, has exhibited a strange diffidence, especially in dealing with actions that impact the conduct of free and fair elections. We urge the ECI to live up to the shining legacy bequeathed by a line of eminent persons who have led the ECI in the past seven decades. The nation looks to you to act with firmness and determination to maintain the reputation and sanctity of the world’s largest electoral exercise.
Satyameva Jayate
---
Click here for signatories

Comments

TRENDING

Hyderabad protest demands end to Operation Kagar as senior Maoist leaders killed in encounter

By Harsh Thakor*  A protest was held on June 17 at Indira Park in Hyderabad by the Shanti Charchala Committee, calling for an end to Operation Kagar and the start of peace talks with Maoist groups. The event brought together representatives from several political parties and civil society organizations. Among those who addressed the gathering were CPI (ML) New Democracy Central Committee member Vemulapalli Venkatramayya, along with leaders from the Congress, BRS, CPI, CPM, Telangana Janasamithi, MCPI, SUCI, CPI ML, RSP, and VCK. The programme also featured performances by cultural groups such as CLC, HRF, TVV, Arunodaya, Praja Kala Mandali, and Praja Natya Mandali. Public figures including actors Narayana Murthy and Tudundebba Upendar and academics like Professor Anver Khan and Professor Vinayaka Reddy participated as speakers.

Land under siege: A silent crisis, desertification is threatening India’s future

By Raj Kumar Sinha*  Desertification is emerging as one of the gravest environmental challenges of our time. Marked annually on June 17, the World Day to Combat Desertification and Drought reminds us that the fate of our planet’s land—and the billions who depend on it—is hanging in the balance.

Food security crisis persists in Gujarat despite NFSA: Survey reveals grim ground reality

By A Representative  A new field-based survey conducted in January 2025 across Dahod, Panchmahals, Morbi, and Bhavnagar districts has revealed alarming levels of food insecurity among vulnerable communities in Gujarat, ten years after the implementation of the National Food Security Act (NFSA). Conducted by Anandi – Area Networking and Development Initiatives (ASAA) and community organisations working with mahila sangathans, the Gujarat Food Security Survey covered 1,261 households, purposively chosen to reflect the experiences of marginalised populations including Adivasis, OBCs, single women, the disabled, and the elderly. The findings suggest that despite the promises of NFSA and wide coverage under the Public Distribution System (PDS), food deprivation remains widespread and systemic failures continue to exclude the most vulnerable.

Victim to cricketing politics, Alvin Kalicharan was a most organized left handed batsman

By Harsh Thakor* On March 21st Alvin Kalicharan celebrates his 75th birthday. Sadly, his exploits have been forgotten or overlooked. Arguably no left handed batsman was technically sounder or more organized than this little man. Kalicharan was classed as a left-handed version of Rohan Kanhai. Possibly no left-handed batsmen to such a degree blend technical perfection with artistry and power.

Central London discussion to spotlight LGBTQ+ ex-Muslim rights and persecution

By A Representative   On June 13, 2025, the Dissident Club in Central London will host a public discussion to mark the 18th anniversary of the Council of Ex-Muslims of Britain (CEMB) and to commemorate World Refugee Day. The event, scheduled from 7:00 to 9:00 pm, will feature speakers Ali Malik, Maryam Namazie, and Taha Siddiqui, who are expected to address the intersecting challenges faced by LGBTQ+ ex-Muslims globally.

Citizens demand judicial probe into Ahmedabad plane crash, cite neglect of intern doctors, victims' families

By A Representative    A wide coalition of concerned citizens, academics, medical professionals, social activists, and public intellectuals has submitted a petition to the Prime Minister of India demanding an urgent judicial inquiry into the recent tragic airplane crash in Ahmedabad that claimed over 240 lives. The petition, coordinated by the Movement for Secular Democracy (MSD), calls for a high-level judicial committee, headed by a retired High Court justice and comprising eminent citizens, to investigate the incident beyond the scope of the existing technical committee.

Better halves lead the way as organic farmers, entrepreneurs and social reformers

By Bharat Dogra  Two major challenges continue to limit the full participation of rural women in development. First, their crucial roles, potential, and capabilities often remain underrecognized. Second, even when women are encouraged to take on broader responsibilities, the overarching development models may not align with their needs or perspectives and may even appear counterproductive. Under such conditions, it is unrealistic to expect women to engage as enthusiastic and creative participants.

Hope from the Amazon: Land rights, indigenous voices, and the winds of change in Latin America

By Vidya Bhushan Rawat*  After several days of travel and digital silence, I returned from a rare and deeply moving journey into the Amazon region of Colombia. It was not just another field trip, but an opportunity to witness the pulse of Latin America’s land rights movement, firsthand.

Irregularities in Modi-initiated NSDC raise questions about the future of Skill India

By Onkareshwar Pandey  Prime Minister Narendra Modi’s Skill India initiative was conceived as a bold national effort—to equip India’s vast young population with industry-ready skills and transform the country into the “skills capital of the world.” At the heart of this mission lies the National Skill Development Corporation (NSDC), a public-private partnership under the Ministry of Skill Development and Entrepreneurship (MSDE). But recent revelations of large-scale financial irregularities within NSDC threaten to undermine not just the institution, but the very promise of Skill India.