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What the Supreme Court could not do, the Bengaluru Special Court did! FIR Against Nirmala Sitharaman

Michael G. Michael G.
07 Oct 2024

We all knew how the Supreme Court declared the electoral bonds unconstitutional and in violation of the Right to Information Act and Article 19(1)(a). However, no action was taken against the government from any side. Now, Mr Adarsh Iyer of the Janaadhikar Sangharsh Parishad (JSP) has raised a ray of hope. A Bengaluru Special Court, which exclusively deals with criminal cases related to elected MPs/MLAs in the State of Karnataka, has ordered the filing of an FIR against Union Finance Minister Nirmala Sitharaman and other leaders for allegedly extorting money through the now-scrapped electoral bonds.

The court instructed the Tilak Nagar police station in Bengaluru to investigate the allegations of extortion related to the electoral bond scheme, raising significant concerns over the financial practices associated with it. Though the Karnataka High Court has stayed the investigation on flimsy grounds, it is crucial that an FIR was allowed in the first place and that there are concerned citizens who are appalled that the perpetrators have been allowed to go scot-free.

Mr Adarsh Ayer needs to be congratulated and thanked for his bold efforts. He had filed a petition to the Special Court of People's Representatives, seeking a direction to take action against the Union Minister. Based on a private complaint filed by Adarsh R Iyer, co-president of Janaadhikaara Sangharsha Parishath (JSP) alleging criminal conspiracy and extortion compelling companies and other individuals through electoral bonds in favour of BJP, the FIR named Ms Sitharaman, Enforcement Directorate (ED), Mr Nadda, BJP Karnataka president BY Vijayendra and senior leader Nalin Kumar Kateel.

According to the complaint, Ms Sitharaman and ED officials committed extortion under the pretext of electoral bonds and benefitted to the tune of over 8,000 crore rupees. Mr Iyer, in his complaint, alleged that the "extortion" was committed in connivance with Nadda, Kateel, Vijayendra and other office bearers of the party at the state and national levels. He also claimed that Ms Sitharaman used the ED to "conduct raids, seizures and arrests of various corporates, their CEOs, MDs and on top executives of the companies to compel them to pay."

It is no secret today that fearing the raids, many corporates were forced to buy electoral bonds worth several crores, which were encashed by Nadda, Kateel, Vijayendra and others of the BJP. "The entire extortion racket under the garb of electoral bonds have been orchestrated hand in glove with officials of BJP at various levels," Mr Iyer alleged. Details emerged that the Bharatiya Janata Party received maximum donations under the scheme, and some of its donors were facing probes by central agencies. According to reports, the BJP received 6,986.5 crore rupees in donations through the bonds.

The Tilak Nagar police on Saturday (September 28, 2024) registered a First Information Report (FIR) against Union Finance Minister Nirmala Sitharaman and BJP national president JP Nadda, among others, for allegedly committing irregularities and misusing an electoral bond scheme to extort money from the companies, using enforcement agencies. The FIR is filed based on the court directions, charging the accused under sections 384 (punishment for extortion) and 120B (criminal conspiracy) read with 34 (acts done with common intention) of the Indian Penal Code (IPC).

Yes, we should anxiously await an impartial, speedy investigation in this case. As a result, Prime Minister Narendra Modi may also have to resign. But they still rely on false arguments: Why should anyone resign? Did the electoral bond money go to their personal account? Let us hope that, like the CJI, Mr DY Chandrachud, the Special Court of People's Representatives of Bengaluru does not dilly-dally the judgement and allows the BJP to once again escape the trap!

The complainant had initially approached the jurisdictional Tilak Nagar police station with a complaint on March 30 this year and then approached DCP Bengaluru South East in April 2024. Since there was no action, he moved the court and filed a private complaint seeking necessary directions from the court. In fact, The Supreme Court should have ordered an action against the culprits, but CJI Chandrachud's closeness to Narendra Modi did not allow him, I suppose!

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