oppn parties Raj Thackeray Is Not Above The Law

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  • Sikh extremists attacked a cinema hall in London that was playing Kangana Ranaut's controversial film 'Emergency'
  • A Delhi court directed the investigating agencies to senstize officers to collect nail clippings, fingernail scrappings or finger swab in order to get DNA profile as direct evidence of sexual attack is often not present and might result in an offender going scot free
  • Uniform Civil Code rules cleared by state cabinet, likely to be implemented in the next 10 days
  • Supreme Court reiterates that there is no point in arresting the accused after the chargesheet has been filed and the investigation is complete
  • Kolkata court sentences Sanjoy Roy, the sole accused in the R G Kar rape-murder case, to life term. West Bengal government and CBI to appeal in HC for the death penalty
  • Supreme Court stays criminal defamation case against Rahul Gandhi for his remarks against home minister Amit Shah in Jharkhand during the AICC plenary session
  • Government reviews import basket to align it with the policies of the Trump administration
  • NCLT orders liquidation of GoAir airlines
  • Archery - Indian archers bagged 2 silver in Nimes Archery tournament in France
  • Stocks make impressive gain on Monday - Sensex adds 454 points to 77073 and Nifty 141 points to 23344
  • D Gukesh draws with Fabiano Caruana in the Tata Steel chess tournament in the Netherlands
  • Women's U-19 T20 WC - In a stunning game, debutants Nigeria beat New Zealand by 2 runs
  • Rohit Sharma to play under Ajinkye Rahane in Mumbai's Ranji match against J&K
  • Virat Kohli to play in Delhi's last group Ranji trophy match against Saurashtra. This will be his first Ranji match in 12 years
  • The toll in the Rajouri mystery illness case rose to 17 even as the Centre sent a team to study the situation
Calling the case not 'rarest of rare', a court in Kolkata sentenced Sanjay Roy, the only accused in the R G Kar rape-murder case to life in prison until death
oppn parties
Raj Thackeray Is Not Above The Law

By Sunil Garodia

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator.

Whenever there is a discussion on law and legal system, people always use the age-old cliche to say "the law is same for everybody". But at least in India, they should either define "everybody" or add that it is so only theoretically. One says this because every time there is an investigation in a major financial or government scam and people who are arrested name any politician and if the investigating agencies issue a summon to him or her, the politician concerned, his party and his cronies start protesting, take out rallies and call bandhs. The summons issued to Raj Thackeray of Maharashtra Navanirman Sena (MNS) now and the response of the party to make its protest a show of strength in front of the ED office in Mumbai is just the latest in such drama. The TMC always protests when its leaders are called to explain their dealings in the chit-fund scams. There were widespread protests and violence when Lalu Yadav and Jayalalitha were convicted too.

Do these politicians mean to say that they are above the law? Or that if their name comes up during investigation in a scam, the investigating agency should ignore it? Or that there are laws in India which prevent such investigating agencies to issue summons to them? Calling such summons political vendetta or witch hunt every time will not do. This is not to say that investigating agencies are not used to harass political opponents. But that is sometimes, not always. If Raj Thackeray was an investor in Kohinoor CTNL in which IL&FS group had substantial investments and if Thackeray exited the company just after IL&FS booked a loss by selling its shares in Kohinoor, the scent of insider information being passed on to him is very strong. The ED is right to summon him to present his side of the story. Thackeray has nothing to fear if it was purely a business decision. But if he had helped IL&FS launder money in any way, he should now be prepared to bear the consequences. He should not, and should not be allowed to, use his political clout to hide his financial misdeeds.

The law is not the same for everybody in India. For politicians, for the well-connected person, for the ultra-rich and for the politically empowered class, rules are bent and investigations are often handled in a particular way to either let them off the hook or minimize the guilt. The first reaction of a common man or woman in India on hearing about some politicians name coming up in a scam is that "oh nothing will happen, for some days it will be front-page news but later everything will be brushed under the carpet". Why does the common man react this way? It is because seldom does one see convictions in such scams and even if there are convictions, they are of small fries. Except for Lalu Prasad and Jayalalitha, no current leader of any worthwhile standing has been convicted in the recent past. There is a strong perception on the ground that it is all a charade and politicians often keep up the appearance by starting cases when in power but actually, the "you scratch my back and I will scratch yours" principle is followed and no one is ever convicted as the cases drag on for years.

But the way politicians behave when they are summoned in any case is awful. They try to show that they are cleaner than the Ganga (although the holy river, too, is not clean anymore as it bears the collective misdeeds of those who swear by her name) when the people know that one cannot find an honest politician in the country. People know that some make money for themselves while others do it for the party. But it is also corruption to take money (or protection money, if you will, for most people pay out of fear) for the party by issuing veiled threats, which some politicians, who claim to be clean, do. In case of others like Raj Thackeray, the connection between his investments in the corporate world and his clout in Mumbai is too apparent. If he has used his political clout and connections to help any company or its promoters to do anything illegal, he should now answer the charges instead of creating a disturbance. He is not above the law.