Kapil Sibal on Agnipath: ‘If somehow the process of recruitment gets skewed, it can disturb the ethos of the Army’ | Political Pulse News,The Indian Express
"Opposition targeted for political considerations… parties must support and protect each other," says former Congress leader and Independent Rajya Sabha MP Kapil Sibal.
Congress leader and Independent Rajya Sabha MP Kapil Sibal speaks to Manoj CG on the Enforcement Directorate questioning Rahul Gandhi and other Opposition leaders, the need for the Opposition to speak in one voice and the government’s Agnipath scheme. Excerpts:
What do you think about the questioning of Rahul Gandhi and the protests by the Congress over it?
The first question is why and under what law is Rahul Gandhi being questioned. They are using the Prevention of Money Laundering Act (PMLA). There are certain fundamentals that have to be satisfied before the Enforcement Directorate starts an investigation for the offence of money laundering. The first hurdle to be crossed is identifying the ‘scheduled offence’ under the PMLA pursuant to which the ED assumes jurisdiction. The provisions of the Income Tax Act are not part of any ‘scheduled offence’. There is no FIR yet registered against Rahul Gandhi or against others sought to be questioned. Without that the ED cannot assume jurisdiction. Questioning Rahul Gandhi is itself an illegality. The ED’s acts amount to pure persecution and harassment. This provides the government a way to divert the attention of the people from recent events that have angered countries in the Middle East.
Second, Young Indian is a Section 25 company set up under the Companies Act (1956). A Section 25 company can be set up pursuant to a licence given by the central government. That licence contains certain terms and conditions as prescribed. The central government is entitled to revoke the said licence if the prescribed terms and conditions are violated. In the absence of any cancellation of the licence there can be no reason to investigate Young Indian. Cancellation can take place if the company has violated the terms and conditions under which the licence was granted. The third because Young Indian is a Section 25, the object of the company can only be a charitable, non -profit purpose. Under the law no dividends can be declared. So the Gandhi family can never be enriched. As shareholders they also do not own the assets of the company even if Young Indian controls Associated Journals Ltd. Besides, if Young Indian’s licence is revoked no part of the profits, if any, can benefit the shareholders.
For all the above reasons ED is carrying out a witch-hunt, nothing short of it.
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