Political Diary

New Delhi, 24 January 2017

AAP In The Dock?

CBI, HIS MASTER’S VOICE

By Poonam I Kaushish

What is it about the Central Bureau of Investigation (CBI) that has it always in the limelight? That too for all the wrong reasons. If the on-going tu-tu-mein-mein between the BJP Centre and AAP Delhi Government was not bad, another front was opened with the investigating agency probing allegations of corruption against Delhi Dy Chief Minister Sisodia and colleague Health Minister Satyendar Jain. Predictably, all hell broke lose.

The money involved, a piddly Rs 1.5 crores given to a PR firm for a social media campaign on Kejriwal. Naturally, it not only raises doubts about the agency’s intent but more about the CBI being used as the BJP Sarkar’s hand maiden to make life hell for AAP. It is no secret the BJP has tried using every trick to ‘fix’ Kejriwal after it lost at the hustings.

But this is not the first time, nor will it be the last. Over the years the agency’s fatal attraction for hit-ins, clean chits, political cover-ups and fool proof surety for law enforcers to become law breakers has earned it two ignominious nicknames: Central Bureau of corruption, connivance and convenience.

Remember how Modi as Gujarat Chief Minister had lambasted the CBI for being biased and targeting the people of Gujarat. “Why are we being treated like an enemy State?” he had queried. Today the boot is on the other foot. As Prime Minister he is being accused of selective targeting of political opponents.

Unsurprisingly, it raises doubts about its honesty and integrity of purpose to weed out the corrupt. What to speak of making a mockery of Modi’s procrastinations of the agency’s so-called ‘autonomy’, and ‘independence’. Sic.

A case in point. BJP Karnataka strongman Yeddyurappa is convicted by Karnataka’s Lokayukta for favouring mining companies in return for gratification and quits as Chief Minister in 2011. Today with BJP at the Centre, a special CBI court has acquitted him. 

More. There are as many as 1,300 cases pending against MPs and MLAs in various courts. These include cases being on-off investigated by CBI against former UP Chief Ministers Mayawati and Mulayam Singh respectively in the disproportionate assets cases. Which are dictated by political expediency.

Regrettably, as oft happens, our netagan continue in legitimizing crime and corruption. Such is the nasha of power that all conveniently choose to merrily make political capital. Raising a moot point: 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 happily followed the tradition, notwithstanding ad nauseum tall talk of weeding out corruption, only paying lip service to 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. 

Further, another “bottleneck” in providing autonomy to the CBI was granting sanction for prosecution. Pertinently, there are many instances where prosecution sanction was denied bringing the CBI into “disrepute’’.

And even where sanction had been granted, invariably courts pulled up the agency for slip-shod handling of the case (the Rs 5,000-crores bank scandal, sugar, UTI), lack of evidence and unavailability of witnesses or just glossing over vital leads (infamous hawala case) et al. Surmising, that it was time that the CBI make sure that the prosecution was foolproof, or else the judiciary would step in.

What next? Prime Minister Modi has oft spoken about ushering in transparency in governance. It is high time the CBI is truly independent, stops being His Masters Voice and prevents abuse of power. Undoubtedly this would be a formidable task given that the agency needs purging of “yes men” and cleansed of backdoor instructions. There is no point in initiating a biased investigation which does not guarantee a fair probe.

Undeniably, new Chief Verma has an arduous task ahead of cleansing the grimy stables. He would need to behave responsibly leaving no room for suspicion sending a message that CBI's credibility is supreme.

Pertinently, a Parliamentary Standing Committee report on the “Working of the CBI” in 2011, which gathers dust, recommended it be made an “enforcement agency” and be given “independent and autonomous’’ status to prevent political interference in its functioning. We need to set CBI free.

As things stand the dice is loaded against autonomy. Clearly, the Delhi drama reflects the emerging truth of Modi’s India. Power is all. Arguably, one can say this is what democracy is all about. Or should one say business of democracy.

Either which way the CBI must stop being His Masters Voice and prevent abuse of power. Undoubtedly this would be a formidable task given that the agency needs purging of “yes men” and cleansed of backdoor instructions.

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)