Election Commission can’t gag ED as sought by Congress, say legal experts | India News

NEW DELHI: While Congress on Wednesday sought the Election Commission‘s intervention to stop agencies like the Enforcement Directorate (ED) from making “unverified” and “politically motivated” statements during polls, the election watchdog may legally have little elbow room to interfere with investigations and actions of law enforcement agencies, including those governed by the statute, as the procedures are clearly laid down under the criminal justice laws.
Legal experts say any remedy or review of actions taken by law enforcement agencies may be sought from courts since they are the right forum to seek protection against “biased” actions or abuse of power.
The actions of law enforcement agencies such as intelligence gathering, investigation leads, search and seizures, registration of FIRs and arrests, are decided in line with the laid down statutory framework, said a legal expert who did not want to be identified.
These actions are covered by well-drafted criminal codes like IPC, CrPC and the Evidence Act, all of which have an in-built balance between the need to protect the interests of citizens and that of the accused, the expert added. While EC is a constitutional body and has overriding powers under Article 324 to issue directions in the interest of free and fair polls, these directions cannot alter or stop the actions taken by LEAs in the exercise of their statutory or police powers defined by the criminal justice codes, explained a senior lawyer.
A Congress delegation had on Wednesday met EC against ED’s continued raids in poll-going states and its statements regarding the allegations against Chhattisgarh CM Bhupesh Baghel in the Mahadev app case, alleging these tend to disturb the level playing field in the midst of polls in the state.
Where a party is aggrieved over breach of process or initiation of criminal proceedings by an LEA on frivolous grounds, it has the opportunity to move the courts, seeking a stay and/or passing of strictures against an allegedly ‘biased’ agency, the expert opined. The remedy may be sought from a lower court or directly from the HC in writ jurisdiction or under Section 482 of the CrPC, seeking quashing of the FIR on the grounds of ‘bias’.