After widespread outrage, the Enforcement Directorate (ED) has reportedly decided to close its case against two Dalit farmers from Tamil Nadu – 72-year-old Kannaiyan and his 66-year-old brother Krishnan – who were issued a summons in July 2023 under the charges of "money laundering."
Political parties and activists took to social media to condemn the six-month-old summons because it had mentioned the caste group that the elderly farmers belong to. The brothers are also engaged in a land dispute with a local BJP functionary.
What is the case? The two farmers, who own 6.5 acres of land near Attur in Salem district, were served the summons under provisions of the Prevention of Money Laundering Act (PMLA), 2002.
The brothers alleged that they were provided no information on why they were summoned, let alone why they were accused of "laundering money."
The ED later said that the case pertained to a 2017 incident wherein the farmers allegedly set up an "unauthorised fencing" around their farm, which resulted in the death of two Indian bison the same year.
So, why did the ED pursue the two Dalit farmers – who have been living on a monthly old-age pension of Rs 1,000 for the past few years? And why did the case spark outrage?
The Summons
As per The News Minute, the summons dated 26 June 2023 was issued to the farmers by Ritesh Kumar, the assistant director of ED, which directed the brothers to appear before the agency's office in Chennai on 5 July 2023.
Dalit G Pravina, the lawyer of the elderly farmers, told TNM that they had "no idea what the case was, and there was nothing mentioned in the summons apart from asking them to appear before the ED with proper documents."
"Now, therefore, in exercise of the powers conferred upon me under sub-section (2) and sub-section (3) of Section 50 of the said act, I require the said Kanniyan S/o Chinnasamy to appear before me at my office on 05/072023 along with the documents as per the schedule attached."The summons read, as per TNM
The summons also mentioned their caste as 'Hindu Pallars'. The ED later admitted this was a "lapse on their part."
Speaking to TNM, the brothers' lawyer said that the visit to the ED's office took a toll on them financially. "When they received the summons asking them to appear before the IO at the ED office in Chennai, the farmers had Rs 450 in their bank account. They borrowed Rs 50,000 for hiring a vehicle and other expenses. Now they have to pay it back."
"The ED officials gave us two bundles of forms, some 20 pages each. Since we are illiterate, Pravina helped us fill them," Krishnan, one of the brothers, told The Indian Express.
"Then, she was asked to leave so they could interrogate us. This, despite us having already submitted our land records. When she told them that PMLA permits a lawyer to stay present during questioning, they got angry. They denied the existence of such a law and even tried to send her away. We told ED officials that we would leave if she was not allowed to remain present during our interrogation."Krishnan, as per The Indian Express
Legal Battle Against BJP Leader
The brothers, meanwhile, are engaged in a legal tussle with a local BJP leader named Gunashekar, who is the party's Salem East district secretary. They have accused him of illegally trying to grab their 6.5-acre land in Attur.
A complaint by Krishnan resulted in the police filing a criminal case against Gunashekar, for which he was arrested and remanded to judicial custody in 2020, as per TNM. The civil dispute case between the two parties is still pending in Attur court.
The lawyer said this case has prevented the farmers from carrying out agricultural work on their land, and that they have been surviving on their Rs 1,000 pension and free ration provided by the Tamil Nadu government.
After the summons triggered an outrage, BJP state spokesperson Narayanan Thirupathy told the media that both Gunashekar and the two farmers had filed complaints against each other over land-grabbing. Gunashekar, in a purported video on social media, accused the Tamil Nadu Police of attempting "to defame the ED and the BJP," reported TNM.
However, IE also quoted Krishnan as saying on the evening on 4 January 2024 that he has filed yet another complaint against Gunashekar for "harassing him."
"This morning, he and his team abused us, including using casteist slurs. We have been fighting a case against Gunashekar since 2020 over attempted land grab. He and his men did not let us farm our land for three years."Krishnan to The Indian Express
What Did ED Say the Case Was?
The ED said the brothers were booked for money laundering in connection with a 2017 incident, for which they were acquitted by a trail court in 2021. The two brothers were accused of "setting up unauthorised electric fencing" around their farm, which purportedly led to the death of two Indian bison.
Back in 2017, a First Information Report (FIR) was filed against the brothers under Section 9 read with Sections 2(16), 2(36), and Section 51(1) of the Wildlife (Protection) Act, 1972.
ED sources told IE that the farmers' subsequent acquittal was "overlooked," and that they took cognisance of the FIR, initiating a probe under PMLA charges in March 2022. This was done based on a letter forwarded to them by the Tamil Nadu Forest Department over the incident, the ED said.
However, when asked why money laundering charges were invoked, a top ED official told IE: "It was a lapse on our part. The whole issue was blown out of proportion by social media ahead of Prime Minister Narendra Modi's visit to Tamil Nadu."
An ED official told Hindustan Times that the agency has issued no further summons to the farmers and their intention was "not to harass them."
"We had registered a PMLA case in March 2022 against Kannaiyan and Krishnan based on a letter forwarded by the Tamil Nadu Forest Department on 12 July 2021. The forest department's case was related to the killing of two wild buffaloes under section 51 and 9 of Wildlife Protection Act, 1972, which are scheduled offences. We have been taking up several wildlife cases lately in line with court orders and Financial Action Task Force's mandate to track wildlife cases," the official told the publication.
(With inputs from The News Minute, The Indian Express, and Hindustan Times.)
(At The Quint, we are answerable only to our audience. Play an active role in shaping our journalism by becoming a member. Because the truth is worth it.)