Swamy seeks to be impleaded in case against ED officer probing Aircel-Maxis
New Delhi, June 20: BJP leader Subramanian Swamy on Wednesday moved the Supreme Court, seeking to be impleaded in a public interest plea, alleging an Enforcement Directorate (ED) officer, probing the Aircell-Maxis case, possesses disproportionate assets.
As Swamy sought the nod of the court to be impleaded in the pending PIL, the vacation bench of Justice S. Abdul Nazeer and Justice Indu Malhotra asked him to mention it next week on Monday (June 25) as Justice Malhotra recused herself from hearing the plea.
Telling the court that the apex court, by its earlier order, had directed the investigation into the matter be completed within six months which are ending on July 12, he argued that allegations against ED officer Rajeshwar Singh were aimed to delay the investigation and the said officer was protected by the top court on several occasions earlier.
On June 5 on a PIL by Rajneesh Kapur, the vacation bench of Justice Adarsh Kumar Goel and Justice Ashok Bhushan agreed to examine the plea alleging that Rajeshwar Singh has acquired disproportionate assets but no action was being initiated against him as he was protected by certain orders of the court passed in 2014 and 2017.
The petitioner had contended that the order of the top court protected Rajeshwar Singh against any mala fide or frivolous complaint but cannot be an absolute bar against any of his actions in breach of law.
Kapur had said that the top court could itself look into the allegations of disproportionate assets through an independent mechanism.
Saying that it would consider the prayer that the top court may itself look into the material against the ED officer, the court had on June 5 asked Additional Solicitor General Maninder Singh to assist the court on the next date of hearing after obtaining necessary instructions.
Directing the listing of the matter before the appropriate bench, the court had also directed that the entire material relating to the allegation of the ED officer possessing disproportionate assets be placed before it.
Expressing its displeasure over investigation not being completed in a "serious" matter involving 2G cases, the top court by its March 12 order had directed that the "investigations shall be completed within six months in all the cases and on all the aspects of the matter and no stone shall be left unturned in this regard and all guilty shall be booked."
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War Reaches India's Backyard. Now What?
On Wednesday, 4th March, something happened in the waters near Sri Lanka that should have made every Indian stop and think. A United States submarine fired a torpedo — an underwater missile that travels silently through the sea and explodes on impact — and sank an Iranian warship called IRIS Dena. At least 80 sailors lost their lives. This was not happening somewhere far away in the Middle East. This happened just off the coast of a country that shares the Indian Ocean with us.
The IRIS Dena was not doing anything suspicious at the time. It was simply returning home after attending the MILAN-2026 naval exercise near Visakhapatnam, an international event proudly organised by the Indian Navy last month. The ship was on what is called a peaceful passage — quietly sailing back through international waters, not threatening anyone, not engaged in any battle. And then it was gone.
This is what makes this incident so deeply unsettling.
The war between the US-Israel alliance and Iran was supposed to be confined to West Asia and the Gulf region. With this single torpedo strike, that war has now moved into the Indian Ocean — right into India's neighbourhood. The question every Indian should now be asking is simple: what does this mean for us, and are our seas safe?
To understand the full picture, you need to know what international maritime law says — because this is where things get complicated. The main rulebook for the world's oceans is called UNCLOS, the United Nations Convention on the Law of the Sea. Think of it as the constitution of the seas. However, the United States has never signed this agreement. That alone tells you something important.
UNCLOS mostly covers peacetime rules — who owns which sea area, fishing rights, trade routes, and so on. But during a war, a separate set of naval warfare laws kicks in alongside it. Under these laws, since IRIS Dena was an Iranian Navy warship, it was technically considered a valid military target — regardless of where it was sailing or what it was doing at that moment. The Indian Express reported that several Indian Navy officers noted this uncomfortable legal reality clearly.
The UN Charter says in Article 2(4) that countries must not use military force against other countries. That sounds clear. But then Article 51 creates an exception — a country can attack in self-defence if it faces an armed threat. Additionally, the UN Security Council can give special permission for military strikes, as it did during the 1990 Gulf War. But getting that permission requires a majority vote, and none of the five permanent members — the US, Russia, China, the UK, and France — should veto it. Veto power means any one of these five countries can simply say no, and the entire decision is blocked.
It is also worth noting that the US Treasury Department placed official sanctions on the IRIS Dena back in February 2023. Sanctions are basically financial penalties and restrictions placed on a vessel or country — they don't prevent a ship from sailing, but they signal deep suspicion. At the time of the attack, the ship carried close-in weapon systems — rapid-fire guns used to shoot down incoming missiles or drones — and wider area defence systems. Despite this, it was caught completely off guard.
Vice Admiral G Ashok Kumar (Retd), former Vice Chief of the Indian Navy and India's first National Maritime Security Coordinator, told The Indian Express that in the maritime domain, there are simply no fixed boundaries for war zones. Once a conflict begins, it has no clear walls on the sea. The fighting had already started after the ship left Indian shores, he explained. He also noted that since the attack happened inside Sri Lanka's Exclusive Economic Zone — the sea belt where Sri Lanka holds special rights over resources — rescue teams could begin operations relatively quickly.
However, Rear Admiral Sudhir Pillai NM (Retd) raised a harder question. He pointed out that attacking a foreign warship on the high seas — international waters that belong to no single country — is generally considered illegal unless clearly justified as self-defence.
A senior Navy official, as reported by The Indian Express, called this strike a major escalation. The Iranian ship was not in a conflict zone. It was on a peaceful morning passage. Nobody on board would have imagined a torpedo was silently tracking them beneath the waves.
That is the terrifying reality of modern warfare at sea. There are no safe lanes, no guaranteed boundaries, no sacred stretches of water. The ocean is open — and today, it is deeply unpredictable.
India is watching. And India must think very carefully about what comes next.
(Girish Linganna is an award-winning science communicator and a Defence, Aerospace & Geopolitical Analyst. He is the Managing Director of ADD Engineering Components India Pvt. Ltd., a subsidiary of ADD Engineering GmbH, Germany.)
Disclaimer: The views and opinions expressed in this article are solely those of the author. They do not necessarily reflect the views, policies, or position of the publication, its editors, or its management. The publication is not responsible for the accuracy of any information, statements, or opinions presented in this piece.
