Political Diary
New Delhi, 2 July 2011
CBI In The Dock
HIS MASTER’S VOICE
By Poonam I Kaushish
What is it about the Central Bureau of Investigation (CBI)
that has UPA II scurrying for cover?
Makes the Congress see red? Wherein its fatal attraction for political
cover-ups, clean chits, hit-ins and fool proof surety for law enforcers to
become law breakers has earned it two ignominious nicknames: Congress Bureau of
Investigation and Central Bureau of corruption, connivance and convenience.
With the devil taking the hindmost!
Scandalously, amidst the fracas over the Government-civil
society clash over the Lokpal Bill, see the sleazy and slippery ease with which
the Prime Minister surreptitiously exempted the CBI from disclosing information
under the Right to Information’s (RTI) Act through a notification on 9 June.
Thus, making it easier for our polity to misuse the CBI.
Undeniably, the Government’s diktat of keeping the CBI away from the RTI’s prying eyes unwraps
for the umpteenth time India’s
best known secret: The CBI is a hand maiden of our netagan and dances to their tune. A toothless tiger used by its
political mai-baaps to help their
friends and settle scores with opponents. Thereby, raising serious doubts about
its honesty and integrity of purpose to weed out the corrupt. What to speak of
making a mockery of Manmohan Singh’s procrastinations of the so-called ‘autonomy’,
and ‘independence’.
True, the much-derided investigative agency indeed did catch
up with some of our political masters involved in looting the country in the 2G
Spectrum scandal and the CWG sleaze. But it was no thanks to our polity. If it
had its way, the muck would stay where it always does ---- hidden from probing
eyes. Sadly, the Supreme Court led by Chief Justice Kapadia spoilt our netagan’s loot party.
Notwithstanding, our polity’s animus against opening up the CBI
to scrutiny under the RTI, three years ago a Parliamentary Standing Committee
report on the “Working of the CBI” recommended it be made an ``enforcement
agency” and be given “independent and autonomous’’ status to prevent political
interference in its functioning.
It also mooted it be granted power to investigate and
prosecute through a separate statute called the Central Bureau of Intelligence
and Investigation Act. And given the same status as the Federal Bureau of
Investigation (FBI) in the US
to allow it to independently take up cases of high-tech crime. Not only this.
Our MPs candidly confessed that granting sanction for prosecution was one of
the “bottlenecks” in giving the CBI autonomy. Pertinently, it cited many
instances where prosecution sanction was denied bringing the CBI into
“disrepute’’.
Alas, as oft happens, this all-important report, like the
earlier report in 1994, was lost in the mountain of diatribe churned out
session after session of Parliament. It had to. Given that over 1,300 cases are
pending against MPs and MLAs in various courts. These include cases against
RJD’s Lalu Yadav (chara ghotala),
disproportionate assets cases against current and former UP Chief Ministers
Mayawati and Mulayam.
What to say of Maya bhenji’s
Taj corridor scam and the over hundreds of crores received as gifts from her
poor Dalit swayam sevaks, who go
hungry to pave their messiah’s path with gold. In fact, see how both the BJP
and Congress kept Mayawati’s “file pending” for political benefit.
Remember, how Congress-led UPA I in connivance with the
CBI ‘intentionally’ bungled and made an
international mess of its case in La
Affaire Quottrocchhi of the Bofors gun scam and got egg on its face. First
the Government advised the UK Government to “defreeze” the Italian
businessman’s accounts. And, when he was finally arrested in Argentina, the
CBI failed to extradite and the Argentinian
Court freed him. Last year, the CBI did one better,
it dropped all charges against Mr Q and he went scot free!
Arguably, is the CBI more sinned against than sinning? Are politicians the main culprit? 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 have given more and more powers to the CBI to
get their way and have their say.
Thereby, sullying the agency’s reputation, replete with its
“failure” to back up charges with required evidence. Worse, the CBI seems to have adopted a
brazenly opportunistic policy of playing safe with Governments of the day and
its willingness and commitment to serve the national cause by putting self
before the country. See how the Bofors scam was scuttled. At the end no body
was any wiser where the Rs 64 crores went. Never Mind it cost the late Rajiv
Gandhi his Prime Ministership.
The crux of the issue: Who should control the CBI? 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 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. Beginning with
Indira Gandhi, who concentrated all instruments of effective power in her own
hands.
Manmohan Singh too is happily following the tradition. Over
the past year he has talked ad nauseum
of weeding out corruption, but is mum on making the CBI autonomous and
independent. According to two former CBI directors, Joginder Singh and
Kartikaiyan there is no such thing as autonomy. This is a fallacy.
For three reasons. One the agency is directly under the
Prime Minister. Two, under Section 389 of the CrPC only the executive has the
power to decide if the CBI should appeal any case. Three, officers are
dependant on their political bosses for their careers going north or south. If
they “perform” they are rewarded! See how an ex-CBI chief was made member of
the Human Rights Commission post retirement.
Knowing our polity and its hypocritical culture, we will no
doubt continue to hear noises or even be treated to some cosmetic measures. It
is absurd nonsense to say that the CBI cannot deliver. Of course, it can as
shown by the nailing of Raja, Kanimozhi and Kalmadi. But this requires clear
and firm political will.
The foremost corrective is to ensure that the appointment of
the CBI Director is truly above board and is based on his genuine expertise,
integrity, competence and commitment. He should have no political affiliations,
lest he is dubbed as the Prime Minister’s hatchet man. His impeccable record of
absolute honesty would go a long way in establishing the credibility down the
rank and file. This would ensure a just
and unbiased assessment of all important cases. And, bring in the much-needed accountability
to inspire confidence among the disgusted public.
What next? The time has come to make the investigation body
a top-class outfit. Our leaders have to desist from subjecting the CBI to
bureaucratic prescriptions of effecting economy in administration. India needs a
sleek CBI that acts without favours and prejudice.
At the end of the day, the powers-that-be must desist from
playing havoc with the CBI. They need to answer two pointed questions: Will the
CBI be guided by the law of the land only or by the Government of the day? Questionably,
who will cast the first stone? Kiski
laathi aur kiski bhains? ---- INFA
(Copyright,
India News and Feature Alliance)
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