The Enforcement Directorate’s pursuit of two Dalit farmers, 72-year-old Kannaiyan and his 66-year-old brother Krishnan from Tamil Nadu, under the Prevention of Money Laundering Act (PMLA) led to widespread outrage.
The summons issued to the elderly brothers linked them to an incident involving the alleged unauthorized fencing of their farm in 2017, resulting in the death of two Indian bison. This action caused financial strain and sparked criticism, particularly due to the mention of their caste in the summons.
The summons under the Prevention of Money Laundering Act (PMLA), 2002, was directed at the two farmers who possess 6.5 acres of land located near Attur in Salem district.
According to The News Minute, Ritesh Kumar, the assistant director of the ED, issued a summons dated 26 June 2023 to the farmers, instructing the brothers to present themselves at the agency’s Chennai office on 5 July 2023.
Details Of The Summons And Case
The summons issued by the Enforcement Directorate (ED) in June 2023 directed Kannaiyan and Krishnan, the two Dalit farmers from Tamil Nadu, to present themselves at the ED office in Chennai.
However, the summons did not provide any specific details about the allegations or reasons for their appearance before the agency. Notably, the document included their caste identity, identifying them as ‘Hindu Pallars,’ a detail later acknowledged by the ED as an oversight.
Dalit G. Pravina, the lawyer representing the brothers, highlighted the lack of information provided in the summons. Pravina mentioned to TNM that the farmers were completely unaware of the nature of the case against them. The summons merely requested their appearance before the ED, without specifying any details or reasons behind the summoning, except for the requirement to bring along proper documentation.
The summon read, “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.“
Regarding the summons, Dalit G Pravina, the brothers’ lawyer, stated to TNM, “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.”
Krishnan, one of the summoned brothers, expressed the financial strain and hardships they encountered due to the sudden summons. He disclosed to The Indian Express that at the time of receiving the summons, they had a mere Rs. 450 in their bank account.
To comply with the summons, they had to arrange Rs. 50,000 to cover expenses related to hiring a vehicle and other necessities required for their visit to the ED office in Chennai. This significant financial burden imposed on them created added stress, especially considering their limited financial resources and reliance on a meagre monthly old-age pension.
The brothers were compelled to borrow a substantial amount of money to meet the expenses associated with their compliance with the summons. This financial strain placed them in a challenging position, as they would now have to repay the borrowed amount, further exacerbating their already constrained financial situation.
The lack of specific details in the summons and the unexpected financial strain imposed on Kannaiyan and Krishnan highlighted the hardship and distress faced by these elderly farmers due to the summons by the ED without clarity or substantial information about the allegations against them.
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Legal Battle And Allegations
The situation involving Kannaiyan and Krishnan, the Dalit farmers from Tamil Nadu, extended beyond the summons issued by the Enforcement Directorate (ED). The brothers were entangled in a prolonged legal dispute with a local BJP leader named Gunashekar concerning the alleged illegal seizure of their 6.5-acre land in Attur.
Krishnan, one of the summoned brothers, detailed the ongoing conflict with Gunashekar, alleging mistreatment and verbal abuse. He claimed that Gunashekar and his team had subjected them to abuse, including the use of casteist slurs.
Krishnan highlighted that they had been locked in a legal battle against Gunashekar since 2020, primarily related to Gunashekar’s purported attempt to seize their land. Moreover, he stated that due to Gunashekar and his associates’ actions, they were unable to cultivate their land for a duration of three years, indicating the significant disruption caused to their livelihood and agricultural activities.
Apart from the ED summons, the brothers were embroiled in a legal dispute with a local BJP leader, Gunashekar, over the alleged illegal seizure of their 6.5-acre land in Attur. Krishnan claimed, “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.“
Additionally, Narayanan Thirupathy, the BJP state spokesperson, acknowledged the conflict between Gunashekar and the two farmers, indicating that both parties had filed complaints against each other concerning the alleged land-grabbing incident. This acknowledgment from the BJP spokesperson validated the existence of legal complaints from both sides regarding the contentious issue surrounding the disputed land in Attur.
The BJP state spokesperson, Narayanan Thirupathy, mentioned to the media, “Both Gunashekar and the two farmers had filed complaints against each other over land-grabbing.”
The altercation with Gunashekar not only added to the legal complexities faced by Kannaiyan and Krishnan but also contributed to the impediment of their ability to cultivate and utilize their land, adversely affecting their means of livelihood.
The conflict over land possession compounded the challenges these Dalit farmers were already confronting, including financial strain due to the ED summons and the alleged harassment and verbal abuse directed at them.
ED’s Involvement And Clarification
The Enforcement Directorate (ED) clarified that their investigation into Kannaiyan and Krishnan, the Dalit farmers, originated from a 2017 incident where the brothers were accused of erecting unauthorized electric fencing around their farm, resulting in the unfortunate death of two Indian bison.
This incident prompted the initiation of a probe by the ED into possible violations that led to the registration of a case under the Prevention of Money Laundering Act (PMLA) against the two farmers in March 2022.
According to an official from the Enforcement Directorate (ED) speaking to Hindustan Times, the agency clarified that they have not issued any further summons to the farmers, affirming that their intention was never to harass Kannaiyan and Krishnan.
The official elaborated, stating, “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.“
This statement provided by the ED official further clarified the basis for the PMLA case registered against the farmers. The case originated from a letter received from the Tamil Nadu Forest Department, citing allegations related to the killing of two wild buffaloes, which constitute scheduled offences under sections 51 and 9 of the Wildlife Protection Act, 1972.
The ED official highlighted that the agency’s recent focus on wildlife cases complied with court directives and the mandate set forth by the Financial Action Task Force (FATF) to monitor and address wildlife-related offenses.
However, the ED’s decision to invoke money laundering charges against Kannaiyan and Krishnan was later acknowledged by a top ED official as an oversight. The official conceded that the agency’s handling of the case involving money laundering charges was a mistake on their part.
They acknowledged that the entire situation surrounding the case had been amplified by social media just before Prime Minister Narendra Modi’s scheduled visit to Tamil Nadu. The official implied that the social media attention might have exacerbated the perception and significance of the case, leading to undue attention and controversy.
Regarding the oversight in invoking money laundering charges, a top ED official admitted to 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.”
Amid widespread public outrage, reports suggest that the Enforcement Directorate (ED) has opted to terminate its investigation against two Dalit farmers from Tamil Nadu, namely 72-year-old Kannaiyan and his 66-year-old brother Krishnan. The summons issued to them in July 2023 under the pretext of “Money Laundering” has purportedly been closed by the ED.
Expressing their discontent, political parties and activists used social media platforms to denounce the six-month-old summons. Their criticism primarily revolved around the mention of the elderly farmers’ caste group, a point that sparked significant backlash. Additionally, the brothers have been entangled in a land dispute with a local BJP functionary, adding complexity to their situation.
The case involving Kannaiyan and Krishnan, initially linked to a wildlife incident, escalated due to legal complexities, a prolonged land dispute, and alleged procedural lapses by the ED. The outcry from political parties and activists highlighted concerns of discrimination and the potential misuse of authority, urging a reevaluation of the summons and fair treatment of marginalized individuals within legal frameworks.
The episode underscores the necessity for thorough scrutiny and sensitivity in legal proceedings, especially concerning vulnerable communities, to ensure equitable treatment within the criminal justice system.
Feature image designed by Saudamini Seth
Sources: The Quint, Financial Express, Hindustan Times
Find the blogger: Katyayani Joshi
This post is tagged under: PMLA, ED, Enforcement Directorate, money laundering, Dalit, dalit farmers, communities, backlash, outrage, poverty, legal proceedings, Tamil Nadu, wildlife act, PM Narendra Modi, farmers
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