Political
Diary
New Delhi, 25 August
2020
His Master’s Voice
BUREAU OF CONVENIENCE
By Poonam I Kaushish
What
is it about the Central Bureau of Investigation that has it always in the eye
of the storm? That too, for all the wrong reasons. Earning it the nickname
Central Bureau of Connivance and Convenience. With the devil taking the
hindmost!
A
talented Bollywood actor Sushant Singh Rajput is found hanging at his residence
on 14 June in Mumbai. A shocked nation eulogies him, followed by angry accusations
of murder, his fans bray for blood and there is trial by the media, the anger
directed at Bollywood incestuous insiders vs
simple outsider Sushant implying he was compromised. The Mumbai police begin investigations.
Murmurs surface of Shiv Sena Minister and Thackeray scion Aditya attending a
party at Rajput’s house on 13 June night.
His
father files an FIR in Patna against his son’s girlfriend Rhea Chakrovarty and
five others for abetment of suicide. Mumbai quarantines the Patna police. The
Enforcement Directorate registers a money laundering case against Rhea and
family. Bihar recommends CBI enquiry which Centre accepts. Maharashtra vetoes
this as its concurrence is mandatory. The Supreme Court orders CBI.
Alas,
what started out as a tragedy of young life snuffed early has turned into a
full blown political tamasha between
the Centre-Bihar vs Maharashtra and
the BJP vs erstwhile ally Shiv Sena. Bihar politicians who are readying for
forthcoming Assembly elections want to play on Bihari sentiment and emotionally
exploit Rajput’s death. Of what Mumbai did to their “ladla.” It would also help wean the 5% Rajput vote to the
BJP-JD(U).
The
BJP sees this as an opportunity to embarrass the Shiv Sena Government. Specially
against the backdrop of Thackeray being present at Rajput’s house. An uneasy
NCP-Congress are waiting to see how it plays out, though senior leaders
privately admit that Chief Minister Udhav Thackeray has handled it on a
personal and emotional plane to save his son from investigations when the need
was for political astuteness. Clearly, what better tool to score political
points than the CBI.
Any
wonder why our politicians always hoot for a CBI investigation. Certainly, those in
Government use it as its handmaiden to dance to its tune. A toothless tiger to
help friends and settle political scores with opponents with hit-ins, clean
chits, political cover-ups and fool proof surety for law enforcers to become
law breakers legitimizing crime and corruption.
Allegations abound how the agency has and is being used to
intimidate and cow down political opponents. Be it during the Congress era or
the Modi Sarkar. From political partisanship, raids on
susceptible opponents, often with a little help of ‘partners’ Enforcement
Directorate and Income Tax Department, filing of FIRs to hours of questioning
to a charge-sheet, favouring some, cracking down on others,
going slow on key cases, messing up investigations, left half-way or not done
at all.
Its
inconsequential that in the end the CBI might not find any malfeasance but the
calibration of response is what the game is all about. If you fall in line, the
pressure is eased. If you don’t, the pressure is gassed up.
There are examples galore. Two classic
cases, Samajwadi’s Mulayam Singh and BSP’s Mayawati. Whenever the Government
wanted to put pressure on them, the CBI was used to pursue the cases of
disproportionate assets against them. When they came around, the cases were but
in a thanda baksa. Notwithstanding,
scathing criticism from the Supreme Court.
Indeed, the timing and the manner in which raids are
conducted depends on the political will of its masters. Take
the cases of ex Union Finance Minister Chidambaram and
RJD Chief Lalu Yadav. Both accuse the BJP of political vendetta motivated by
political considerations, thereby simultaneously proclaiming themselves innocent
victims. The former, to silence and stop him from being critical of the
Government, the latter to intimidate and prevent him from organizing Opposition
Parties against the BJP. Drowned in the deafening cacophony is that both stand
accused of corruption.
Take Karnataka
Chief Minister Yeddyurappa
charge-sheeted by CBI for donations made to his trust by miners who
obtained contracts. The court let him off, but for reasons best known to it the
CBI under
Modi Raj didn’t appeal against the order? Its
silence says it all: dictated by political expediency.
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. Thereby, not only sullying the
agency’s reputation, replete with its “failure” to back up charges with
required evidence but also raising serious doubts about its honesty and
integrity of purpose to weed out the corrupt.
Consequently, the
system has become self-perpetuating whereby a threatened political elite give
more and more powers to the CBI to get their way and have their say. Your merit and investigative skills don’t
really matter. What matters is whether the Central Government, especially your
political masters (PMO), think you are loyal and trustworthy enough to be appointed
in the CBI.
Questionably, is the
CBI more sinned against than sinning? Is
the pot calling the kettle black? The
truth is mid-way. Both work in tandem in
furthering their own interest wherein the agency has adopted a brazenly
opportunistic policy of playing safe with Governments of the day.
The recent open war between
ex-CBI Director Alok Verma and his
Special Director Rakesh Asthana with shadowy political mai-baaps in the background underscores an open secret: the
protectors and upholders of law have become so compromised and the system so
rotten that nobody believes it anymore.
Worse, nobody cares a damn.
Unsurprisingly, investigation suffers as a recent
report of 2016 shows. Shockingly, the conviction rate is as low as 12% in 264
corruption cases it analysed over five years . Of the 698 accused, 486 were
Central and State officials while 212 were private persons. While it took more
than 13 months to conclude investigations, only 8 out of 698 persons who were
initially called for questioning in corruption cases were convicted! A reflection
of the larger dishonesty plaguing the institution wherein over 26 officers are
facing corruption charges.
Over the
years various Governments talk tall on giving the CBI autonomy and improving
its functioning from LP Singh Committee in 1978, Parliament Estimates Committee
of 1991-92 even the Supreme
Court has made attempts to provide the CBI the insulation it requires, but
unfortunately all failed. When push came to shove the
recommendations remain on paper.
Bringing
things to such a pass that instead of becoming more accountable , the CBI has
been purposely protected from scrutiny. See how it was expressly taken out of
the RTI Act’s ambit on grounds of national security.
Prime Minister Modi
has oft spoken about ushering in transparency in governance. Time he walked his
talk and made the CBI independent whereby it stops being His Masters Voice and
prevents abuse of power. For starters adopt a 2011 Parliamentary Standing
Committee report on the “Working of the CBI” which recommended it be made an
``enforcement agency” and be given “independent and autonomous’’ status to
prevent political interference in its functioning.
The CBI
has to be placed under an independent body, brought under strong,
bipartisan Parliamentary oversight, and given an institutional character. Grant it the power to investigate and prosecute through a
separate statute called the Central Bureau of Intelligence and Investigation
Act. Till then, it will continue to be no more than a manipulative arm
of our immoral leaders.
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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