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Economic Highlights
Diplomatic Tug Of War:India AND Energy Insecurity, by Dr. Chintamani Mahapatra,31 January 2006 |
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ROUND THE WORLD
New Delhi, 31 January 2006
Diplomatic Tug Of
War
India AND Energy Insecurity
By Dr. Chintamani
Mahapatra
School of International Studies, JNU
The diplomatic tug of war surrounding the proposed deal
between India and the US to establish
cooperation in civilian nuclear technology is born out of emerging energy
insecurity.
The American pressure on India to support its
confrontational approach towards Iran and Syria in exchange of US agreement to
supply civilian nuclear technology to India is the beginning of a challenge to
Indian quest for assured supply of energy to fuel its growing economy.
Geo-political analysts understand that the growing demand
for oil and gas and the shrinking supply of these two energy resources may
provide the real basis on which future wars are going to be fought. Although
the Western analysts and political leaders are focused on the rising
requirement of energy resources in China
and India
and predict that these two emerging Asian economic giants will shortly be
competing and scrambling for assured energy supplies, the Americans and
Europeans are not lagging behind.
With five per cent population, the Americans consume about
quarter of the world energy. While it is an oil and gas producing country, the US is
increasingly becoming dependent on oil imports from external sources. The
European demand for oil and gas too is consistently rising. Both India and China are late comers to the
industrial age. They have started their economic and industrial performance
from a low base and hence in terms of percentage of their energy demands in the
future, these two economies become more visible. But the industrial economies
of Europe, Japan and the US consume the
larger chunk of the world energy resources and in terms of absolute quantities
these countries will continue be on the top.
The major European countries, such as Germany, Britain
and France; Japan and the US all are strategizing to meet the
future demands of hydrocarbon resources. France,
for instance, has invested tremendously in the generation of civilian nuclear
power, Germany has signed a
deal with Russia,
the second largest oil and gas exporter, to build a pipeline to buy the Russian
energy resources. The US is
seeking to buy LNG from Russia.
China too is developing a
network of relationship with the oil and gas producing countries of the
Middle-East and even Latin America. It is also
in the process of acquiring basing facilities in some countries to protect the
routes of its energy imports.
Compared to the Americans, Chinese and others, India’s energy
consumption is much lower. Americans, for instance, consume about 20 million
barrels of oil per day, the Chinese consume about 6 to 7 million bpd. But India’s figure
is about 2 million bpd. China’s
demands in the future will be much more than that of India. Yet, India has to
meet its growing energy demands more and more through imports alone. In order
to do that the Government of India has been making modest attempts to build its
own energy corridors. The gas pipeline project with Iran,
the proposed investment in Syria
along with the Chinese, efforts towards improving energy cooperation with Saudi Arabia and India’s
efforts to acquire advanced civilian nuclear technology from the United States
are all aimed at managing the country’s energy security.
Politics and diplomacy, however, have erected significant
barricades and it would require no less effort to overcome these difficulties.
The most significant challenge is clearly coming from India’s emerging strategic partner—the United States.
The American energy policy and strategy are guided by both economic and
strategic considerations.
Unlike the Europeans, Japanese and other Asian countries,
the US
is not dependent on the Middle-East for its energy supply. It receives the bulk
of its external energy resources from NAFTA partners, such as Canada, Mexico
and Venezuela.
The current political standoff with Venezuela
does not pose such a big threat to US energy security.
But the fact remains that the power, which is least
dependent on the Middle-Eastern oil, has maximum influence in this region. The US military presence in the Persian Gulf has
been robust since the `1991 Gulf War and has enhanced further since 9/11
terrorist attacks on New York and Washington, DC.
The US
is not as directly affected by the volatility of the Middle-Eastern politics
and security as others. In the process, Washington
exercises awesome leverage over its allies and friends in Europe and Asia.
The US confrontation with Iran on the nuclear issue, with
Syria on the issue of assassination of a former Lebanese Prime Minister, its
continuing military involvement in Iraq and unstinted support to Israel have
posed serious dilemmas for traditional US allies in Europe and for emerging
strategic partner like India.
During the days of non-alignment and cold war, New Delhi could afford to take diametrically opposite
positions vis-a-vis the US
on international events and issues. This luxury will be more and more scant as India intensifies its economic, defence and
political cooperation with the United
States.
The current differences with Washington
on Iran and Syria are stark
reminders of difficult days ahead. India
has strategic, economic and even political interests in the Middle-East, which
do not always converge with that of the United States. Sooner the Indian
Ministry of External Affairs begins an exercise to demarcate the diplomatic
boundaries on such issues better it would be for India to meet future challenges.
It so happens that India
has been seeking to ensure its energy security by building ties with countries,
such as Iran and Syria, which
are on the hit list of the US State Department and the Pentagon for various
reasons. We are building a similar ties with Saudi Arabia when the US ties with
that country has been faltering since the 9/11 incident.
Unlike in the past, Washington considers India to be an
influential international actor and fears that Indian engagement with difficult
countries in the Middle-East could spoil the US approach. How can India
befriend the US and its smaller Middle-Eastern adversaries at the same time?
India has to begin preparations for getting the right answer, which can
maintain and protect its national interests.--INFA
(Copyright, India News and Feature
Alliance)
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Despite Intense Pressure:IRAN’s Enigmatic Behaviour CONTINUES, by Dr. Chintamani Mahapatra, 17 Janu |
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ROUND THE WORLD
New Delhi, 17 January 2006
Despite Intense Pressure
IRAN’s Enigmatic Behaviour CONTINUES
By Dr. Chintamani
Mahapatra
School of International Studies, JNU
Iran appears determined to
pursue a civilian nuclear programme according to its own sweet will, but
simultaneously disregarding the fears and apprehensions of most major powers in
the world.
There is not a single
country in the international community which feels comfortable to stand with Iran on its
nuclear stance. The Muslim neighbours of Iran,
all major Asian powers, five permanent members of the UN Security Council and
all genuine members of formal and informal proliferation control regimes do not
desire to see the emergence of a nuclear weapon power in the Persian
Gulf region.
When Tehran
expresses its desire to promote nuclear industry in the country for power
generation, many raise eyebrows for the simple reason that Iran is an oil
and gas rich nation. Nonetheless, none opposes the sovereign right of Iran, a member
of the NPT, to develop civilian and peaceful uses of nuclear power.
The problem arises when
the Iranian Government seeks to pursue this course on its own terms and
conditions. Tehran
wants to have a full civilian nuclear fuel cycle at home, which can bring it
the perfect recipes for developing nuclear weapons. It vows by its peaceful
intentions, but there are many who would not take the Iranian leadership’s
statements on its face value.
Iran had been given clean
chits many times in the past by the IAEA on its civilian nuclear activities,
but the revelations of Iranian involvement in nuclear black market, including
the one run until recently by Pakistani nuclear scientist, Abdul Qadeer Khan,
have turned Iran
into a suspect.
In the face of intense
American pressure to punish Iran, three members of the European Union—France,
Germany and Britain-- took the initiative to resolve the issue through
diplomacy and dialogue. Iran
cooperated for a while, but increasingly aired strong views against Israel, made
disparaging remarks, issued statements that appeared unfavourable and
unacceptable to the Europeans as well.
All these were regarded
as Iran’s
bargaining behaviour until it first threatened and then implemented its
decision to resume uranium enrichment programme, suspended by the predecessor
government under an understanding with the IAEA and the international
community.
Russian President
Vladimir Putin came up with a pragmatic solution to the entire issue by
offering to process and enrich uranium on Russian territory and then pass on
those to Iran
for use in power reactors. For a change, even the hawks in the Bush
Administration viewed this proposal as sensible, feasible and appropriate to
resolve the issue without resorting to any arms twisting methods.
Iran chose instead to defy
the international community and refused to entertain such a proposal. It
considered it the sovereign right of the country to pursue a civilian nuclear
programme at home. Had sovereignty remained the same as interpreted by Austin, reality would
have been different. Sovereignty has assumed different meanings at different
times. It needs considerable military might, economic independence and
political will to assert sovereignty on ways that may threaten others.
As a matter of fact, the
United States,
the hyper-power of the globe, also appears caught in the web of global
interdependence and cannot afford to dangle its sovereignty card on every issue
under the sun. Why is then current leadership behaving like the emperors who
claimed divine rights to perform whatever they desired? Ahmednejad’s behaviour reminds one of Saddam
Hussein’s rhetoric during the Kuwaiti crisis. Before the US-led military
operations liberated Kuwait,
he used to issue statements like “making Americans swim in their own blood”, if
they dared attack Iraq
and things of that sort.
The Iranian behaviour
prompts one to suspect that the country may already have developed a nuclear
weapon capability. Some would reject such a view outright. But then who knew
that in the midst of international haggling, North Korea on a fine morning
admitted and others believed that it had developed the weapon capability?
Similar incidents are plenty in recent nuclear history of the world. The world
need not be surprised that Iran, which clandestinely acquired certain nuclear
equipment from the black market keeping the world in dark for years, could have
developed modest capability to make at least one weapon.
The second factor for
Iranian nuclear intransigence appears to be the rising energy prices in the
world market. Starved of revenues until recently, the country’s treasury seems
to have benefited a great deal from the recent oil price hikes. It is less
concerned about its economic isolation now then it was earlier.
The third factor is Iran’s belief
that it can use the oil weapon to destabilize the oil market further, if
sanctions are imposed on the country on the ground of its nuclear policy. In
the backdrop of rising energy prices and growing energy demands in the world, Iran’s capacity
to contribute to stability in the oil market or cause chaos in it would
seriously increase.
The fourth factor is Tehran’s assessments of the ground situation in Iraq and Afghanistan. Years after major
military operations were declared to be over by the US
and replacement of troublesome regimes in Baghdad
and Kabul, the two countries are undergoing a
situation where the US
and its coalition partners are not comfortable to withdraw their troops. The
American GIs, who seem to have got stuck in two sides of Iran—Afghanistan in
the east and Iraq in the west—may not attempt to open another front in Iran—so
goes the thinking in Iranian governing circles.
Finally, the Russians
and the Chinese, annoyed as they may appear with Iranian intransigence, do not
appear to have unanimous views with the US and NATO members on the best
course to deal with the Iranians. The London
meet may not be able to produce a quick fix. Troubling days are clearly ahead.---INFA
(Copyright,
India News and Feature Alliance)
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Nepal Towards a Crisis:Bracing For An Uncertain Future, by Dr. Smruti S Pattanaik, 10 January 2006 |
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ROUND THE WORLD
New Delhi, 10 January 2006
Nepal Towards a Crisis
Bracing
For An Uncertain Future
Dr. Smruti S Pattanaik
Institute of Defence Studies &
Analyses
The dawn of 2006 has brought with it a violent future for Nepal with the
withdrawal by the Maoists of their four-month ceasefire on January 2. This is the third round of ceasefire declared
by them after they resumed their violent struggle to usher in the People’s Revolutionary
Government. The withdrawal of ceasefire is a reaction to the Monarchy’s
decision to go forth with its municipal election on February 8. With most of
the political parties deciding not to participate in the election, Nepal is again
heading for a political crisis.
The dissatisfaction of the political parties can be
understood from the fact that the Nepali Congress (Democratic), led by Sher Bahadur
Deuba, part of the seven-party alliance that is fighting for the restoration of
democracy in the Himalayan kingdom, has removed Constitutional Monarchy from
the party statute. The CPN (UML) and the Nepali Congress (NC) have already
removed constitutional monarchy from their party statute. These parties have held the King responsible for
the current impasse and have taken a position that monarchy and democracy are
incompatible.
Already, the RPP has seen a split and the Rastriya
Janashakti Party (RJP) is formed, headed by the former Prime Minister Surya
Bahadur Thapa. The Rashtriya Prajatantra Party that has been supportive to the King’s
February 1 take-over is facing a crisis due to the decision of a faction to boycott
the elections. Assistant Minister for Education and Sports Bhuwan Pathak, has
called for a National Convention in support of its party participating in the
municipal elections
The seven-party alliance has concluded a twelve-point pact
with the Maoists in order to jointly fight the Monarchy. Under the twelve point
agreement, the Maoists have agreed that its armed wing along with the Royal
Nepalese Army (RNA) to be placed under the UN or any other trustworthy
international supervision during the conduct of election to the Constituent Assembly.
The Maoists have agreed to abide by the results of the election. They also have
agreed to the political parties’ demand to revive the House of Representatives
and have a national Government that can hold talks with the Maoists to go for
the Constituent Assembly election.
It is important to mention here that both radical Left and
the political parties were part of the nominated Constituent Assembly that was
set up by the King in 1990 to draw the draft Constitution. Some of the Left
leaders who are heading the Maoist movement now had at that time demanded an
elected Constituent Assembly, because they had felt that the King still can
exert influence in the Constituent Assembly through its nominees. However, they
were marginalized, as the other political players were willing to compromise
with the idea of a nominated Constituent Assembly.
The Government has been accusing that the understanding
between the political parties’ alliance and the Maoists is reached at the
behest of a foreign country to discredit the understanding. As reported by the
media, the twelve-point agreement was reached in New Delhi where the leaders of various Nepali
political parties met. Sources close to the Monarchy accuse India of
playing a role in the understanding reached between the Maoists and the
political parties.
However, it needs to be emphasized that due to the
repressive measures adopted by the Monarchy, the political parties found Delhi a convenient place
to meet, away from the glare of the media. It is true that some of these
leaders met various Indian leaders during their sojourn in Delhi.
The interesting development is that the Maoists have emerged
stronger than before. In fact some of the demands which have been put forward
as joint demands of the political parties and the Maoists had originally
figured in the latter’s demands. The political parties that were great
supporter of constitutional monarchy have joined the Maoist rank by demanding a
republican form of government. In 1990, the mainstream political parties were
the vociferous supporters of a constitutional monarchy since the King is
considered as the symbol of Nepalese unity. The political parties felt that it
is safe to include the King as a part of
the multi-party democracy than to exclude him. Moreover, the King during his 30
years of rule through a Panchayat system was a strong force that could not be
marginalized.
This is more so, because the King was a party to the
negotiation for the establishment of a multi-party democracy. The Maoist view
is that the state sovereignty is not yet settled since the coercive mechanism
of the state through which it exercises power is still in the hands of the
Monarchy. They also feel that constitutional monarchies that are functional in
developed countries cannot be adapted in a semi-feudal and an underdeveloped
country like Nepal.
Therefore Maoist panacea for misgovernance is a republican form of the
government.
After the withdrawal of the unilateral ceasefire, the
political parties are finding themselves in a tight situation. They had earlier
justified their understanding with the Maoist peace in the Himalayan kingdom.
Few bomb blasts in the recent past clearly indicate the bloody war that is
waiting in the wings for the Nepali state. However, Maoists insistence to adopt
violent means for confrontation has put political parties in a quandary. The
demand has mainly been that the King needs to announce elections to the
Constituent Assembly. In fact, the present behavior of the King has convinced
the political parties that without keeping the King out of future political
arrangement it would be difficult to sustain democracy in Nepal.
The King feels that the announcement of municipal elections
will give him political credibility regarding his stance that he would be able
to bring Nepal back to the democratic path. He wants to project his role as a
stabilizing factor in Nepal’s nascent democracy. With the political parties
boycotting the forthcoming elections it would be difficult to establish a
credible government. The pertinent question is: Would it be possible for the
King to hold elections given the security situation? The Maoists have threatened
more violence. With the withdrawal of unilateral ceasefire, the Maoists have
made their position very clear about their intentions concerning the municipal
elections.
The four-month ceasefire could be interpreted as missed
opportunity. The King instead of initiating meaningful dialogue to resolve the
problem went on strengthening its armoury for a confrontation. It is true that
it would be difficult for the Monarchy to accept a secondary position in the
Nepalese polity. In fact, its vociferous supporters, the political parties,
have been alienated with the action of an intrusive Monarchy. As an institution
as such, the Monarchy has lost much of its glory and legitimacy after the
Palace killing of June 2001. Its political role after he took over power is not
of a benign Monarchy but of an assertive monarch.
Therefore, he is not seen as a part of Nepal’s democratic
future by the civil society groups. With the criticism of the international
community mounting regarding human right abuses, the state is increasingly
feeling the pressure both internally and externally. The King to establish his
legitimacy has recently toured the Eastern region of the country. However, his
real test for legitimacy would depend on how he approaches the crisis that
Nepal is going through.
India has repeatedly
emphasized political solution to the problem. However, at the same time it
supplied arms and trained the Royal Nepalese Army. It is only after the King
took over on February 1, 2005, India decided to suspend arms supply. India is
one of the first countries to declare the Maoists as terrorists. However, it
also realizes that without getting the Maoists to the negotiating table it
would be difficult to end the political impasse. The King assuming power
directly has created more uncertainty. Political leaders are being persecuted.
Pressure needs to be built on the Monarch to abandon the path of armed action
and restore Constitutional monarchy.
(Copyright, India News and Feature
Alliance)
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Challenge For Leadership:BHUTAN MOVES TOWARDS DEMOCRACY, by Ashok Sharma,3 January 2006 |
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ROUND
THE WORLD
New Delhi, 3 January 2006
Challenge For Leadership
BHUTAN MOVES TOWARDS DEMOCRACY
By Ashok Sharma
School of International Studies, JNU
Bhutan, also known as the Land of
the Thunder Dragon, is most likely going to be the newest democracy in South
Asia in the near future.. King Jigme
Singye Wangchuk has announced that he would abdicate the throne in favour of
his 25-year-old Crown Prince Jigme Khesar Namgyal Wangchuk as the King in 2008.
Soon after that, Bhutan
will adopt a Constitution and conduct its first-ever polls to choose a Prime Minister
under a parliamentary system of governance.
The transition began four years ago when the King handed
over the absolute powers of daily governance to a Council of Ministers and
empowered the national Assembly to force a royal abdication if the motion was
backed by three-quarters of its membership. Bhutan earlier this year unveiled a
34-point constitution which is now being sent to some 530,000 citizens for
their views and was expected to be ratified after a referendum. Once adopted,
the Constitution will replace a royal decree of 1953 giving the monarch
absolute power.
King Wangchuck is the fourth ruler in the Wangchuck dynasty
that came to power in December 1907.Bhutan witnessed a remarkable progress in
socio-economic development under him. Basic infrastructure like roads,
hospitals and schools improved considerably. His move of decentralization and
devolution of power has been the peak of his rule.
However, over one lakh Bhutanese refugees in United Nations-supervised
camps in Nepal and another
25,000 Bhutanese refugees in Indian Territory
are still languishing. It is alleged that these Nepali-speaking citizens of Bhutan, officially called Lhotshampas, were
evicted from Bhutan
under the so-called ethnic cleansing of minority ethnic and religious groups
pursued by the Bhutanese Government.
Instead of becoming jubilant, the people were shocked at the
King’s decision. They did not expect this transition would come so early. Most
of the people of this tiny Himalayan
Kingdom are happy with
their traditional life style and they have full faith in the rule of the King.
They have no grievances against the King. This gets reflected in the statement
made by Kinley Dorji, Editor of the lone national newspaper 'Kuensel' in
capital Thimphu that the entire nation was
bewildered when the King made this surprise announcement and it came so early.
The traditional characteristics of a nation cannot be
changed overnight as the current move for democracy wants an abrupt sweep
across the continents for creating a safe and secure world for mankind. It has
been also reported that people have been offering prayers for the well-being of
the country. This kind of apprehension shows that people are not ready to
accept the democratic conditions of their neighbouring countries like Nepal. It
appears that they are accustomed to their traditional life style and where
development is measured through the level of happiness. The present King has
set the bar high and is leaving a secure foundation for his son and his people.
Parliamentary system in Bhutan
will not be easy to run as its population lacks the required rate of literacy
and are poverty stricken. It would be a challenge for new Bhutanese leadership
to deal with a population which is getting exposed to the outside world.
Leadership will have to fulfil the growing aspirations and needs of the world
in a new two party system.
New Delhi has welcomed the King’s decision and rendering it as a significant
moment in the history of Bhutan, External
affairs Ministry Spokesman Navtej Sarna said, “India, as always, wishes the people and the Government of Bhutan
continued peace and stability, and the fulfilment of their aspirations as they
embark towards the new Constitutional system,” Its significance on Indo-Bhutan relations is imperative as
stability and prosperity of Bhutan has vital stakes for India.
India and Bhutan have traditionally enjoyed a
warm and cordial relationship. Bhutan
as the closest ally of India
in South Asia, has always supported India in the SAARC forums and toed
Indian line at the United Nations and International forums. A new “strategic
partnership” has emerged out of the ashes of the “Operation All Clear”. Bhutan has not entertained India’s adversaries, be it China’s road construction activities on its
immediate Northern borders in recent times or the issue of opening of Embassy
of Pakistan in Bhutan.
It has been cooperating with Indian military for combating separatist movements
in north-eastern part of India.
King Wangchuk was the chief guest
at the last Republic Day celebrations, an honour bestowed on leaders of
countries with which India
has especially strong ties. At present India
and Bhutan
are having co-operation in hydropower projects, border management and
security-related issues.
Both are cooperating by jointly upgrading border infrastructure and management
through better roads and communication links as well as information sharing.
India is the single largest donor to Bhutan. It contributes substantially to its development
budget with enormous economic aid. Bhutan receives over 20%
of the annual budget of the Indian Ministry of External Affairs (MEA). India
recently provided an assistance package worth $450 mn to Bhutan for its
ninth five-year plan ending 2007.
The new parliamentary system would
help in strengthening the relations between the two countries. India can also offer its help in establishing
democratic institutions in Bhutan,
if Bhutan
desires. But it is for the Bhutan
to decide what kind of help they really want from India. But It is in India's interest to see democracy
take roots in its neighbourhood.
Instead of dealing with a just one
person under the Monarchical system India will have to deal with a more
plural and diversified power structure under parliamentary system. The king is
supposed to be a key figure in the new form of government. This would require
change in diplomacy for dealing with a new Bhutan.
The King’s renunciation may have
shocked the people in Bhutan
but in the long run it has averted an opposition or may be a revolution in
waiting for his ouster. The King’s renunciation of power shows that absolute
power of monarchy is a paradox in the era of democracy. The King’s action is a lesson for the country
like Nepal,
where King Gyanendra
has not been able to deal with democrats and have been suppressing them by
taking the Opposition head on, putting the country in chaos and trouble. In
fact, King Wangchuk has taken a wise
decision to abdicate power and not wait for any revolution. Bhutan is
finally edging towards democracy.
(Copyright,
India News and Feature Alliance
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CBI In The Dock:AUTONOMY? A BIG JOKE!, by Poonam I Kaushish, 21 January 2006 |
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POLITICAL DIARY
NEW DELHI, 21 January 2006
CBI In The Dock
AUTONOMY? A BIG
JOKE!
By Poonam I Kaushish
Question: name India’s premier investigating
agency which is now-a-days a political tool of the powers-that-be to play
favourites, give clean-chits or hit opponents?
A clue: the agency can also double up as a fool-proof surety
for law enforcers to merrily become law breakers.
Answer: of course, the Central Bureau of Investigation. Today,
derisively called the Congress Bureau of Investigation.
One has only to see the sordid flip-flops and
somersaults by the Government, its Law
Minister and the CBI in la affaire Quattrocchi to know what I mean. It all
started about a fortnight back when an enterprising channel exposed how the
Manmohan Singh Government’s law officers had bent every rule in the book and
craned everyone’s imagination to favour the fugitive Italian businessman. Whose
two claims to fame are his proximity to the Sonia Gandhi (or to the “Gandhi
family”, as he puts it) and his involvement in the Bofors scandal.
True, Prime Minister Manmohan Singh has laboured very hard
to dispel the impression that the CBI was acting under his Government’s
pressure. In two written statements in a span of three days, he has vouched for
the agency’s “autonomy” and asserted that no stone would be left unturned to
probe Q’s complicity, if any, in the Bofors deal. Said he: “My Government has
never interfered with the CBI …. The autonomy of the agency will be preserved.”
Really, Mr. Prime Minister?
It is another matter that he broke his silence after the CBI
took a U-turn to blame itself for Law Minister Bharadwaj and the Additional
Solicitor General Dutta’s culpability, contrary to what it publicly asserted once
the scandal broke. Recall, the CBI fielded its Joint Director and significantly
not the Director at a hastily-convened Press Conference to announce that what the Government’s law
officer had communicated to the UK’s Crown Prosecution Service (CPS), namely to ‘defreeze’ the Italian businessman’s
account was, in fact, the Agency’s own view. Furthermore, there was no
hanky-panky by the Government in ‘exorcising’ Quattrocchi in the Bofors scam.
Notwithstanding, the e-mail made public by the CPS of the advice it had received
from none less than the Law Ministry itself on 23 December last.
This scandalous development, needless to say, has unwrapped
for the umpteenth time India’s
best known secret: the CBI is a convenient hand maiden of our polity. Worse, it
has again raised serious doubts about its honesty, integrity and impartiality
in weeding out corruption and criminality.
It is today seen as a toothless tiger which is used by its political mai-baaps to bale out their friends and
settle scores with opponents. Making a mockery of autonomy, independence and
impartiality.
Two former CBI directors, Joginder Singh and Karthikehan,
stare the view that there is no such thing as autonomy in the true sense of the
term. It has a fallacy. For two reasons. One, the agency is under the
administrative control of the Government and is at present directly under the Prime Minister. Two, CBI officers
are wholly dependent on their political bosses for their careers ---postings,
transfers and seniority. If they please them they are liberally rewarded in
various ways, including extensions, foreign postings and even berths in statutory
bodies.
Why has its credibility suffered – and suffered so
greatly? The answer lies in the CBI’s
genesis. It was set up in 1941, during World War II. But it acquired a legal basis for its present
structure only after the enactment of the Delhi Special Police Establishment
Act of 1946. This provides for direct
recruitment for the CBI from a Constable to the Dy. Superintendent of
Police. Senior officers of the level of
Superintendents of Police and above, however, joined the CBI on deputation from
the State cadres of the Indian Police Service and were engrained in the
doctrine of “establishment protection”, as envisaged in the Police Act of 1861,
which continues to hold good even today.
Is the CBI more sinned against than sinning? Are politicians the main culprits? Is the pot calling the kettle black? The truth is mid-way. Both work in tandem in furthering their own
interest. Consequently, the system
becomes self-perpetuating. Over the
years, the threatened political elite has given more and more powers to the CBI
to have their way and say. Thereby
sullying the agency’s reputation replete with its inability and “failure” to
back up charges with required evidence.
Witness the notorious hawala case where the redoubtable amicus curiae
still talks of having been let down by the CBI.
Almost alleging between the lines the Bureau’s ready willingness to let
off a whole bunch of politicians across the board, including those who had
confessed to taking money from the Hawala
kingpin Surendra Jain.
Worse, the CBI seems to have adopted a brazenly
opportunistic policy of playing safe in a situation where governments have been
changing fast, courtesy revolving-door politicians. Thus, raising a big question mark over its
honesty and integrity, as also on its willingness and commitment to serve the
national cause by putting self before the country.
Sure, it has come a long way from a low-profile unit into India's premier
sleuth-shop with more than 5,000 officers spread across the country. The
black-marks against it are many: investigations are below average; it doesn’t
recover much loot and its legal arm is nothing to write home about. Also, most
cases are built on incomplete documents, unavailable witnesses and inability to
pursue leads overseas, which slows the process. More often than not, it finds
itself being reprimanded by the courts for not moving quickly enough. What to
say of a sluggish judiciary and cumbersome court proceedings which has made our
people lose faith in the CBI.
In an era where political image has come to be branded like
detergents, quick-fix solutions are sought for chronic maladies. Times out of number our netagan seem to be seeking only an image rectification through
cosmetics, instead of a complete makeover as recommended by the National Police
Commission of 1977, headed by the much-respected late Dharma Vira, formerly
Cabinet Secretary and Governor of Punjab, West Bengal and Karnataka and
including one of India’s top policemen, K.F. Rustamji.
The Commission observed: “The supremacy of the Rule of Law
should be clearly spelt out and police should be guided by the Law of the Land
only and they shall have the legal option to disregard all instructions running
contrary to that.” At the crux is the
issue: Who should control the CBI? The
Government or an independent body? Needless to say, a Catch-22 question for our
power-greedy polity to honestly answer and for us to stupidly expect.
Witness the sweet irony.
When Vajpayee was the Leader of the Opposition in the Lok Sabha in the
late 1990’s he had demanded an independent CBI and even promised one if he came
to power. But Vajpayee the Prime Minister not only conveniently forgot his
promise but continued to retain the CBI under his charge, just as his
predecessors had done. Originally, the Department of Personnel and the CBI was
under the Home Ministry, initially presided over by Sardar Patel. But Indira
Gandhi was eager to concentrate all instruments of effective power in her own
hands brought it under the Prime Minister. Manmohan Singh is happily following
the tradition. Over the last year and more he has talked ad nauseum of weeding out corruption, But he has done little to make the CBI truly autonomous and independent.
An agency that inspires confidence.
Unfortunately, the CBI has always been kept out of bounds
and treated with kidgloves. In fact,
even Parliament has not put it under its eager microscope, despite frequent
ruckus in both Houses on several CBI-related matters. The last time the agency was given a cursory
glance was in 1994 by the Parliamentary Standing Committee of the Home Ministry
and its report thereon. How
lackadaisical is the Government’s attitude can be gauged from the distressing
fact that the report continues to gather dust.
Knowing our polity and its hypocritical culture, we will no
doubt continue to hear hopeful noises or even be treated to some cosmetic
measures. But it is absurd nonsense to
say that the CBI cannot deliver and be set right. It surely can. However, this requires clear
and firm political will. First and
foremost, appointment of the CBI Director should be truly above board and with
a fixed tenure. He should be selected on
the basis of genuine expertise,
integrity, competence and commitment.
The CBI Chief should
have no political affiliation even remotely, lest he is dubbed as the Prime
Minister’s hatchet man. His impeccable record would go a long way in establishing
the utility and credibility of the agency down to its rank and file. This would ensure an impartial, just and
unbiased assessment of all important cases.
And, bring in the much-needed accountability to inspire confidence among
the disgusted public.
A basic question that needs to be answered is: Will the CBI
be guided by the law of the land only or by the Government of the day. The powers-that-be must desist from playing
further havoc with the CBI and converting it into a “Central bureau of convenience,
connivance and corruption.” The moot point is: Who will cast the first
stone? “Kiski laathi aur kiski bhains?" ---- INFA
(Copyright,
India News and Feature Alliance)
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