Portuguese PM Antonio Costa found himself in the cross-fire between a go-ahead given by the environment agency APA for exploitation of lithium mining and concerns about environmental and social impact of lithium mining from local communities and nature preservation groups. The public anger from the local community and environment groups came at a time when Crimes of malfeasance, active and massive corruption and influence peddling in multi-billion dollars lithium mining concession, a ‘green hydrogen’ production project and the planned construction of a data center in the deep water port of Sines; were investigated.
That led to state prosecutors issuing an arrest warrant for Vitor Escaria, Portuguese PM’s chief of staff and a close confidant. The Portuguese Infrastructure Minister Joao Galamba is a formal suspect. The prosecutors issued arrest warrants for the mayor of Sines and two directors of the company involved in the data center. 140 prosecution detectives carried out 43 raids and searched 17 residential properties and 25 other premises on government buildings and homes. They searched Portuguese PM’s official residence as part of investigation. What a great system where the PM of a country is caught by surprise by a corruption investigation against his own government and his close confidants! Full marks to the investigators who were dealing with the powerful and the ruling establishment. That’s taking independence of investigation and it’s credibility to a new high.
The Portuguese PM has not yet been named as suspect. His possible role is being investigated by the Supreme Court of justice after prosecutors said they became aware that the suspects used his ‘name and authority’. So far a charge of manipulation and the use of his ‘name and authority’ to ‘unblock procedures’ is against his confidants. A criminal case may be initiated against him in the near future.
Lord Acton had said “a person’s sense of morality lessens as his or her power increases’. Morality apart, the state must catch up with the criminals and the scamsters with iron hand. Those in power must be held more accountable than those in the opposition. The scamsters have proximity with those in power. The power brokers seek opportunities with the ruling establishment, not the opposition. The Portuguese PM said “I am available to cooperate with the justice system and I want to say eye to eye to the Portuguese that no illicit or even reprehensible act weighs on my conscience”. The Portuguese people would not tolerate such a scam-taint on their PM in office. Britain was not prepared to have a PM found lying. Boris Johnson had to quit after he realized that Britons cared for the integrity of the leaders. Such a message does not resonate in our country.
The rulers must function without there being a taint or suspicion over their functioning as they are expected to exert themselves in service of society. But in our country, unlike Portugal, those in power go scot free and the central agencies book those in the opposition only to discredit and weaken them. The Gandhi family, Anil Deshmukh, P Chidambaram, Sanjay Raut and Abhishek Bannerji are all from the opposition. 95% of those pilloried by the central investigative agencies are from the opposition. Alok Verma was removed barely after 48 hours as CBI chief moved to initiate investigations into Rafale deal and finally sealed envelope jurisprudence rescued the high and the mighty!
Himanta Sarma (Chit fund scam) is now the CM of Assam, Suvendu Adhikari (Narada scam) now enjoys Z+ security, Narayan Rane with multiple CBI& ED cases and charged with a 300 crore money laundering racket is union minister.
Yeshwant Jadhav and Yamini Jadhav-the couple under the ED probe for FEMA violation are safe as Shinde Sena MLAs. Bhavana Gavli skipped 5 ED summons is the new chief whip of Shinde Sena. Ajit Pawar took over as Maharashtra Dy CM a few days after the PM accused him of being involved in a Rs 70,000 irrigation scam besides a Maharashtra co-operative bank scam. We have forgotten that Mukul Roy (Sharadha), Y S Yeddurappa (mining) and Shivraj Singh Chouhan (Vyapam) were all under scanner. They are now in safe haven.
The opposition is regularly targeted even at election time. Manish Sisodia and Sanjay Singh get custody in an excise scam while Kavita the daughter of BRS chief another accused in the same case is a ‘free bird’ as BJP eyes a possible post-2024 tie up. The BSP Chief Mayawati is on a perennial leash over her assets.
It is strange that only those in the opposition get probed and those in power either get the clean chit or the probes slows down. The agencies always treat the tainted from the opposition after they join the ruling side with kid gloves. There is no pursuit of accountability.
The problem with the criminal investigation in our country is that impartiality is always a casualty. Even after the Supreme Court finds a prime facie case in the Delhi excise policy case, nobody believes in the CBI/ED work. Our probe agencies have no social legitimacy. Their credibility is at all-time low. They are not seen as being after the corrupt, but as targeting the opposition. People have lost faith in law enforcing agencies in the land of ‘mother of democracies. The tragedy is people are taking this lying down.
There is always a dangerous promiscuity between decision makers and power brokers. The former PM of Portugal is spot on when he said “the dignity of the functions of Prime Minister is not compatible with any suspicion about his integrity, his good conduct and even less with the suspicion of the practice of any criminal act”. We have a lot to learn from Portuguese investigation and prosecution.
(The writer is a practicing advocate and political thinker)
