The investigation by the Enforcement Directorate has revealed that the Social Democratic Party of India (SDPI) depended entirely on the Popular Front of India (PFI) for its operations.
The SDPI is the political wing of the banned PFI. While the Union Home Ministry banned the PFI and a host of its affiliates, the SDPI escaped the ban since it is a registered political party.
The ED probe speaks about the extent of control the PFI had over the SDPI. The SDPI was completely dependent on the PFI for its day-to-day operations. Further all decisions of the SDPI were taken by the PFI. This was relating to the selection of candidates for elections, policy decisions, cadre mobilisation and public events.
Now some of the findings clearly suggest that the SDPI and PFI were one and the same. The question now is does all this make out a case for a ban since one has already been imposed on the PFI.
Can the SDPI be banned
According to Election Commission of India officials, under the Representation of People’s Act, a political party can be recognised. However, the the power to take back the recognition has not been encoded as yet.
Political parties are registered under Section 29A of the Representation of People’s Act.
“Any association or body of individual citizens of India calling itself a political party and intending to avail itself of the provisions of this Part shall make an application to the Election Commission for its registration as a political party for the purposes of this Act,” says Section 29A.
However, there is no clause in the Act which grants a provision to deregister a party. It may be recalled that in 2016, the Election Commission had sought the power to deregister a party. In 2014 the Supreme Court had asked the Law Commission to look into the issue and sought to know if a party could deregister on the grounds of hate speech. However, no recommendations have been made as yet.
In 2002 the Supreme Court in the Indian National Congress vs Institute of Social Welfare had said that a party can be derecognised if it is proved that it obtained funding through fraudulent means.
This order of the Supreme Court comes in handy in the case of the SDPI. The ED has evidence that the SDPI was receiving funds through hawala channels using the PFI’s route.
SDPI-PFI connection
Conceptual Clarity About Organisation and Party is a document that was seized from the PGI’s Kerala headquarters. The document outlines the exact objectives of the organisation. In a nut shell, the PFI wanted to wage Jihad in India and establish Islamic rule.
The goal of the PFI in forming the SDPI was clear. The PFI projected itself as a social welfare organisation, while within it was nothing by a rabid Islamic outfit. The SDPI on the other hand to achieve political goals. Basically it was an umbrella for the PFI to undertake its acts of terror. The ED and NIA learnt while analysing the document that organisation was the PFI while party is SDPI.
More details have been tumbling out since the arrest of Moideen Kutty alias M K Faizy, the chief of the SDPI. He was arrested in Delhi on charges of money laundering.
The bonhomie between the PFI and SDPI can also be seen in a letter that was addressed to Faizy. This letter was found at the PFI’s office in Kerala. The letter details the process to be followed while selecting candidates for the assembly and Lok Sabha elections. This is yet another confirmation as to how directly the two organisations are.
Complete control
Going by the details available in the seized documents and also the probe it is clear that the SDPI was just a puppet of the PFI. The PFI had the last word on the selection of office bearers for the SDPI, the funding, how to spend the money etc.
The ultimate goal for the PFI was to create a political outfit. This would give the PFI the political clout. Furthermore the PFI realised that registering the SDPI as a political outfit would mean it would be very difficult to ban it. Even if the PFI were to be banned, the SDPI could continue the work.
The probe also found that the PFI had been collecting funds both domestically and internationally. The funds which would be pumped in through hawala or some banking channels were all diverted by the PFI to further its cause.
There are also documents and digital evidence to prove the close links between the PFI and SDPI.
“Investigation revealed that the office bearers, members and cadres of Popular Front of India (PFI), were conspiring and raising/collecting funds from within India and abroad through banking channels, Hawala, donations for committing and financing terrorist acts across India,” the ED said in a statement.
“As the National President, Faizy exercised authority and control over the activities of SDPI, which is a recipient, beneficiary and user of Proceeds of Crime i.e. funds raised by PFI within and outside India as a part of larger criminal conspiracy knowing fully well that PFI is engaged in the fund-raising activities as a part of a deep- rooted criminal conspiracy to raise and use such funds in various unlawful violent and terrorist activities in India,” the ED also said.
Sources told Organiser that the probe will deepen and more links will be tumbled out. When asked if the SDPI too would be banned like the PFI, an official said that it is too early to tell now. Let us see how the links are established and what more did the SDPI do on behalf of the banned PFI. Once a concrete report is prepared and a chargesheet submitted in a court of law, then the next course of action can be decided the official also noted.
