The Enforcement Directorate (ED) has decided to close a money laundering case against two Dalit farmers from Tamil Nadu after summons issued to them caused widespread outrage. The decision comes in the wake of renewed scrutiny of a six-month-old summons issued on July 5, 2023, to the 72-year-old cultivator and his 67-year-old brother, which ignited a firestorm of criticism from political figures, activists, and the public alike.

What was the case?

S Kannaiyan and his brother S Krishnan had set up unauthorized electric fencing around their farm, resulting in the electrocution of two Indian bisons. A First Information Report (FIR) was registered in 2017 under Sec 9 read with Sec 2(16), 2(36), and Sec 51(1) of the Wildlife (Protection) Act, 1972.

Notably, a trial court acquitted both Krishnan and Kannaiyan on December 28, 2021. However, the ED took cognisance of the FIR even after the acquittal and initiated an investigation under the Prevention of Money Laundering Act (PMLA) in March 2022 based on a letter from the Tamil Nadu forest department regarding the incident.

The controversy erupted when a six-month-old summons, issued on July 5, 2023, resurfaced on social media platforms. Political parties in Tamil Nadu and activists took particular offence to ED mentioning the caste of the two farmers, both in the summons and ECIR (Enforcement Case Information Report), which is equivalent to an FIR. While the ED attributed the caste mention to a clerical error, it failed to quell the growing discontent.

What the farmers claim

The farmers’ lawyer, G Pravina, claimed that the ED’s actions were an attempt to pressure her clients, who are embroiled in a separate legal battle with a local BJP leader, G Gunashekar. The ongoing civil case revolves around allegations that Gunashekar is attempting to seize the farmers’ land in Attur.

Pravina not only questioned the ED’s motives but also called for action against ED officials, expressing dissatisfaction with the agency’s handling of the case.

“We want Tamil Nadu police to act against ED officials and arrest them. We have already filed a complaint with the police,” she said.

ED’s reaction

The ED clarified that the closure of the case was based on the completion of the predicate offence that initiated the probe.

“The matter has been blown out of proportion as the summons are almost six months old,” said a senior ED officer, requesting anonymity.

Asserting that the summons were issued to Kannaiyan and Krishan as a “regular procedure” followed in PMLA cases, a second ED officer said: “They (the farmers) were not questioned that day (on July 5, 2023) and since then, no further summons have been issued to them… Rather, an advocate who appeared with the farmers on July 5 created ruckus at the ED office in Chennai.”

A third ED officer admitted that “it was a very petty case” and “ideally shouldn’t have been filed in the first place”.

ED officials also denied any political link in their case.