DMK Lodges Formal Protest Against Election Commission's Intelligence Chief Transfer in Chennai
The Dravida Munnetra Kazhagam (DMK) has raised a strong objection to the Election Commission of India's recent decision to appoint Avinash Kumar as the Inspector General of Police for Intelligence in Chennai. This move replaces the incumbent officer, Senthil Velan, just as Tamil Nadu prepares for upcoming elections.
Formal Representation Submitted to Election Commission
DMK treasurer and Member of Parliament T R Baalu has submitted a detailed representation to Chief Election Commissioner Gyanesh Kumar, along with Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi. In this document, Baalu has urgently requested the withdrawal of the ECI's order dated April 19, which officially appointed Kumar to the position.
The core of the DMK's argument centers on the perceived lack of justification for the transfer. Baalu emphasized that the Election Commission's order provided no specific reasons for removing Senthil Velan. Furthermore, he stated that no major political party had lodged any formal complaints with tangible evidence regarding Velan's performance in his role.
Constitutional and Legal Grounds of Objection
Baalu's representation delves deeply into constitutional and legal interpretations. He argues that the post of Inspector General of Intelligence has no direct connection to the conduct of elections. The power granted to the Election Commission under Article 324 of the Indian Constitution, he contends, is specifically limited to the "superintendence, direction and control of the preparation of electoral rolls and the conduct of elections."
"It is not a carte blanche to the commission to exercise all the powers of the government, just because Tamil Nadu is heading to elections," Baalu asserted in the representation. He pointed out that both the Constitution and the Representation of the People Acts of 1950 and 1951 only empower the Commission with functions directly related to elections. This view, he noted, has been supported by the Supreme Court of India in a series of judgments declaring that Article 324 powers are strictly confined to election conduct.
Operational and Security Concerns Raised
The DMK MP outlined the critical functions of the Intelligence wing, which is headed by the Director General of Police (Intelligence). This department primarily provides inputs and alerts to the Home Secretary and the DGP for maintaining law and order. The actual police force required for election security, Baalu clarified, falls under the jurisdiction of the Director General of Police or Head of Police Force, a position for which the ECI has already appointed a new officer until the elections conclude.
Baalu detailed that the IGP (Intelligence) oversees four major branches, each led by a Deputy Inspector General:
- Special Branch: Handles law and order, public order, organized crime, gangs, drugs, VIP security, vital installations, and internal security.
- Internal Security: Deals with terrorism, extremism, and coordinates with the anti-terrorism squad.
He raised significant security concerns, stating that the department is currently engaged in several sensitive operations and is monitoring credible threats. Transferring the IGP (Intelligence) at this critical juncture, he warned, could prejudice the safety and security of Tamil Nadu, as a new officer would require substantial time to acclimatize to these ongoing, high-stakes operations.
Allegations of Potential Bias
Beyond the legal and operational arguments, Baalu introduced an allegation of potential bias. He noted that the spouse of the newly appointed officer, Avinash Kumar, is a lawyer who has been appointed to the senior panel counsel of the Union Government for the Madras High Court by the BJP-led central government.
"Since the role and responsibilities of the IGP intelligence have nothing to do directly with the conduct of the election, the transfer is, per se, illegal. Further, there is apprehension of bias in this appointment," Baalu reasoned in his submission to the Election Commission.
The DMK's strong objection sets the stage for a potential legal and political confrontation over the powers of the Election Commission in the lead-up to the Tamil Nadu elections, highlighting tensions between state political authority and central election oversight mechanisms.
