As the US and Germany pressure India on Arvind Kejriwal’s arrest and Congress party’s funds cases, the BJP hits back at the US. Can New Delhi maintain a delicate balance between diplomacy and national sovereignty?
Our Bureau
Washington, DC/New Delhi
Something is not going right between India and US. In recent weeks, there have been too many comments from the American side that indicate a small friction between the world’s two biggest democracies. The bickering which began with the alleged attack on Sikh separatists in the US and Canada by India-backed attackers has now taken another form.
Now, in recent days, the US government has openly spoken about political and judicial issues in India. This week, commenting on the arrest of Delhi Chief Minister Arvind Kejriwal for alleged money laundering in connection with the Delhi excise policy case, US State Department Spokesperson Matthew Miller said that they encourage fair, transparent and timely legal processes for the issue.
Addressing a press briefing, Miller was asked about his response to India’s summoning US diplomat over comments on Delhi CM Kejriwal’s arrest and freezing of Congress party’s bank accounts. The US State Department said that they are following these actions closely. “We continue to follow these actions closely, including the arrest of Delhi CM Arvind Kejriwal. We are also aware of the Congress party’s allegations that tax authorities have frozen some of their bank accounts in a manner that will make it challenging to effectively campaign in the upcoming elections,” Miller added.
“And we encourage fair, transparent and timely legal processes for each of these issues,” he stressed. However, he also denied talking about any private diplomatic conversations, and said, “What we have said publicly is what I just said from here, that we encourage fair, transparent, and timely legal processes. We don’t think anyone should object to that.”
India took a “strong objection” to the remarks of the United States State Department Spokesperson about certain legal proceedings in India. “In diplomacy, states are expected to be respectful of the sovereignty and internal affairs of others. This responsibility is even more so in the case of fellow democracies. It could otherwise end up setting unhealthy precedents,” the Ministry of External Affairs said in a statement today.
The MEA defended India’s legal system, emphasising its independence and dedication to impartial and expedient judgements. “India’s legal processes are based on an independent judiciary that is committed to objective and timely outcomes. Casting aspersions on that is unwarranted,” the foreign ministry statement read.
Earlier on Wednesday, US Acting Deputy Chief of Mission Gloria Berbena was seen leaving the Ministry of External Affairs headquarters. The meeting lasted for approximately 40 minutes.
Moreover, last week, India summoned the German Deputy Chief of Mission in New Delhi to lodge a strong protest against their foreign office spokesperson’s remarks on the arrest of Delhi CM Arvind Kejriwal. Making a strong statement against the German Foreign Office spokesperson’s remarks, India said that it sees these remarks as interference in India’s ‘judicial process’ and ‘undermining the independence’ of the Indian judiciary, the Ministry of External Affairs said.
On Friday, a spokesperson of the German Foreign Ministry, when questioned on the arrest of Kejriwal, said that he was entitled to a fair trial. “We have taken note, that India is a democratic country. We assume and expect that the standards relating to independence of Judiciary and basic democratic principles will also be applied in this case. Like anyone facing accusations, Mr Kejriwal is entitled to a fair and impartial trial, this includes he can make use of all available legal avenues without restrictions. The presumption of innocence is a central element of the rule of law and must apply to him,” the spokesperson of the German Foreign Ministry had said.
Kejriwal was on last Friday, remanded to ED custody till March 28, a day after he was arrested by the probe agency for alleged money laundering in connection with the Delhi excise policy case.
Earlier this month, the US had expressed concern over the implementation of the Citizenship (Amendment) Act (CAA). In his daily briefing on March 15, the US State Department spokesperson Matthew Miller had said, “We are concerned about the notification of the Citizenship (Amendment) Act on March 11.” External Affairs Ministry rejected the remarks as “misplaced, misinformed, and unwarranted”.
Moreover, on March 25, the United States Commission on International Religious Freedom (USCIRF) raised the alarm on the government’s notification of the Citizenship Amendment Rules (CAR) in a move to begin implementing the Citizenship (Amendment) Act (CAA). In a statement, the USCIRF said that last week, USCIRF Commissioner Stephen Schneck testified at a Tom Lantos Human Rights Commission hearing on this matter.
But in response to India’s strong objections over comments regarding the arrest of Delhi chief minister Arvind Kejriwal, the United States emphasized its stance on advocating for fair and transparent legal processes. Washington’s comments came after India summoned a senior US diplomat to express its discontent over remarks perceived as intrusive into its internal affairs. The diplomatic stir revolves around the arrest of Kejriwal, implicated in a money laundering case linked to an alleged excise policy ‘scam’, and allegations against the Indian tax authorities for freezing the Congress party’s bank accounts.
“We are also aware of the Congress party’s allegations that tax authorities have frozen some of their bank accounts in a manner that will make it challenging to effectively campaign in the upcoming elections. And we encourage fair, transparent and timely legal processes for each of these issues,” Miller said, reaffirming the US’s position on ensuring justice and fairness in legal proceedings
As the US and Germany express their expectations for a fair trial and adherence to democratic principles, India stands firm on its judicial independence, signaling a delicate balance between international diplomacy and national sovereignty.
Earlier, the Deputy Head of Mission of the German Embassy, George Enzweiler was seen leaving the Ministry of External Affairs office in the national capital’s South Block. MEA reaffirmed that “India is a vibrant and robust democracy with rule of law. As in all legal cases in the country, and elsewhere in the democratic world, law will take its own course in the instant matter. Biased assumptions made on this account are most unwarranted.”
On Friday, a spokesperson of the German Foreign Ministry when questioned on the arrest of Kejriwal said that he was entitled to fair trial.
“We have taken note, India is a democratic country. We assume and expect that the standards relating to independence of Judiciary and basic democratic principles will also be applied in this case. Like anyone facing accusations, Mr Kejriwal is entitled to a fair and impartial trial, this includes he can make use of all available legal avenues without restrictions. The presumption of innocence is a central element of the rule of law and must apply to him,” the spokesperson of the German Foreign Ministry had said.
As the controversy sparked by the US and German diplomats goes on and after the Congress party alleged that the party has received fresh notices from the income-tax department, party leader Rahul Gandhi on Friday said that when they come to power, they will take “strict action” against those trying to “murder the democracy.”
Accusing the Income Tax Department of double-standards, Congress on Friday alleged that while it has been penalised for “a violation of Rs 14 lakh”, the income tax authorities were completely silent on “Rs 42 crore violation” by the BJP and that the violations by the ruling party at the Centre entailed a penalty of Rs 4,600 crore.
“When the government changes, action will definitely be taken against those who ‘murder the democracy’! And such action will be taken that no one will have the courage to do all this again. This is my guarantee,” Rahul Gandhi said in a post on Twitter.
But, BJP on Thursday slammed the US State Department. “US state department is way out of line in its statements pertaining to the arrest of Kejriwal and the I-T dept’s attachment of Congress funds. It is in fact a slur on the Indian judiciary, which is seized of both these matters,” said BJP leader Mahesh Jethmalani.
Jethmalani further said that India has a robust non-partisan judiciary, which has in very recent times rejected the govt’s stand on two electoral issues: electoral bonds case and Chandigarh mayoral polls. “It ill behoves the most powerful country in the world to cast implicit aspersions on the rule of law in proven democracies who are now trusted allies,” Jethmalani said.
He said that the state department would be well advised to focus its concerns on speedy and fair outcomes in the crucial cases of Hunter Biden and Donald J Trump’s 6th January 2021 imbroglio if it is truly concerned about level election playing fields.
As the election season starts, such comments are likely to become more intense. But repeated statements about the state of Indian democracy can do serious damage to Indo-US relations in the post-election scenario.
