The vaporisation of Kodakara black money case
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In the Kodakara black money case of Kerala, the Enforcement Directorate (ED) has submitted a 'politically neutral' charge sheet under the Prevention of Money Laundering Act to the Special Court, rejecting the findings of the Kerala Police. Although 23 individuals have been named as accused, none of them have any direct links to the BJP, and the ED has also contradicted the Kerala Police's inference that the money was brought for the BJP during the 2021 Legislative Assembly elections. The ED, a central investigative agency, has stated before the court that the case, which involved a businessman Dharmaraj allegedly giving 3.5 crore rupees to purchase land for the Travancore Palace Hotel in Alappuzha, is merely a ‘normal’ case with no likelihood of creating any controversy or alarm. And so, the ED completed its 'mission' by filing a normal charge sheet without investigating the connection of Dharmajan with RSS, the black money of 41.40 crore rupees brought from Karnataka and allegedly distributed by the BJP in district offices, or the incident on March 6, 2021, where 4.40 crore rupees sent by the BJP to Kerala that was stolen in Salem. Even though former BJP office secretary Tirur Satish publicly admitted to the black money allegation, the ED did not investigate any of these matters.
The investigative teams that are relentless in raiding the offices and homes of voluntary organizations and individuals who distribute charity to the poor during Ramadan, often hunting for global terrorist links or even fabricating such connections when none exist, have given a clean chit to the BJP in the black money case, despite there being substantial evidence and testimonies. This is the current state of legal proceedings in New India. The legitimacy of the ED’s charge sheet, which was submitted without addressing and ignoring the police charge sheet's conclusion that the black money was smuggled with the aim of manipulating the verdict of the 2021 elections, and their finding that the BJP state president and organizational secretary, among other leaders, were involved, should be legally challenged by the state government. The contradictions between both charge sheets and the ongoing twists in the case strengthen the suspicion that there is a well-planned strategy in place to allow the accused to escape and downplay the significance of this important case. Bringing black money from Karnataka during the election period was orchestrated by senior BJP leaders both in Kerala and outside the state. BJP leaders and ministers from Karnataka were responsible for overseeing the election campaigns in Kerala. With these details being excluded from the investigation, not only will the criminals escape punishment, but the state is also likely to witness an increase in the use of black money in the upcoming elections. It can be easily speculated who the beneficiaries of this will be. If the state government fails to prevent this, it will not only be a failure of conduct of law and order, but also a significant political setback for the future of Kerala.
The misuse of investigative agencies by both the central and state governments is not a new trend, and it is a fact that such abuse of power often undermines the credibility of these agencies. However, when the investigation agencies are compromised in the Kodakara black money case, it is not just their credibility that is undermined, but also the rule of law in the country and the public's trust in it. Therefore, both investigative bodies have the responsibility to explain why two charge sheets have been filed in two different ways. The government must also take care to ensure that the errors are rectified and the actual culprits do not escape when the contradictory conclusions reach the court. Otherwise, this points to the possibility of unsettling experiences like those seen in the Nagpur riots, the Delhi communal riots, and the Sambhal violence, where victims are turned into accused and incarcerated. If cases are compromised due to political influence and unlawful activities continue under the shelter of the powerful, such a situation will not be good for the social life in Kerala. Therefore, in order to prevent the Kodakara black money case from being vaporised, both political parties and the government should equally evince legal and political will power.