Conviction Rate in ED Cases Filed Against Political Leaders Stand at 1%

The centre on March 20 informed the Parliament that conviction rate of the Enforcement Directorate (ED), in cases against the politicians, has been just 1% in the past ten years.

Minister of State for Finance Pankaj Chaudhary informed the Rajya Sabha, “In the last ten years, as many as 193 cases against politicians have been registered by the ED in which only two convictions have been made.” Of the total cases, 138 - or 71% - have been registered in the past five years (since 2019) after the BJP came to power for a second term.

Notably, both the convictions by the ED belong to political leaders from Jharkhand. Former state minister Hari Narayan Rai was sentenced to seven years of rigorous imprisonment and fined ₹5 lakh under the Prevention of Money Laundering Act (PMLA) in 2017, while another former minister from the state, Anosh Ekka, was sentenced to seven years' rigorous imprisonment and slapped with a fine of Rs 2 crore in 2020.

“The data of ED cases registered against MPs, MLAs & local administrators along with their party, state-wise, is not maintained. However, the year-wise details of cases against existing and former MPs, MLAs, MLCs and political leaders or anyone affiliated with any political party is being shared,” minister Chaudhary informed the Rajya Sabha.

How has the opposition reacted?

Of the 193 cases registered against politicians, 138 were filed since 2019 and 32 between April 2022 and March 2023 alone.

Opposition parties have called out the Centre for using agencies like the Enforcement Directorate for political gains. The Congress has accused the BJP-led government for using central investigating agencies to intimidate political opponents. They alleged that ED summons are being sent to opposition leaders whenever an election approaches.

Congress spokesperson Supriya Shrinate also accused the BJP of converting the ED into a ‘front’ of the party.

However, the finance ministry told the Parliament that ED takes up cases for investigation on the basis of credible evidence/material and not on political affiliations, religion or otherwise. The centre highlighted that actions of ED are always open to judicial review.

“The agency is accountable to different judicial forums viz. adjudicating authority, appellate tribunal, special courts, honourable High Court and Supreme Court for the actions taken in the course of implementation of the PMLA, 2002; FEMA (Foreign Exchange Management Act), 1999 and FEOA (Fugitive Economic Offenders Act), 2018,” stated the minister.