Political
Diary
New Delhi, 24 August
2021
CBI:
Caged Parrot
WILL
GOVT LET GO?
By
Poonam I Kaushish
What is it about the
Central Bureau of Investigation (CBI) that has it always in the eye of the storm?
That too, for all the wrong reasons. Earning it nicknames, Central Bureau of
Corruption, Connivance and Convenience. Or Conspiracy Bureau of Investigation
controlled by the Prime Minister. Have your pick.
Buried in newspapers was a landmark Madras High Court judgment accentuating
autonomy and independence of the CBI without
administrative control of the Government whereby it be made an
independent statutory body like Election Commission or Comptroller and Auditor
General accountable
only to Parliament. Its comment came while hearing a
plea seeking CBI probe into a Rs 300
crores ponzi scam in Tamil Nadu.
“This is an attempt to
release the caged parrot at the earliest,” as it has time and again been accused and
attacked by Opposition leaders of being misused by Government. Recall, in May 2013 the Supreme Court while hearing a
case related to UPA Government II’s coal scam had called the agency a
“caged parrot speaking in its political masters voice.”
Clearly, the order
has got Government knickers in a twist as it puts the onus on Modi Sarkar which repeatedly tom-toms ushering
transparency in governance but has till date not walked its talk of making CBI
independent whereby it stops being ‘His Masters Voice’ and prevents abuse of
power. Notwithstanding, where there are no political overtones or
administrative interference the agency has done a good job.
Undeniably, the
agency is a favourite with our politicians who always hoot for CBI
investigation. Successive Governments have used it as a hand maiden 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. Thus, 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 CBI to get their way and have their say. Its merit and
investigative skills don’t really matter. What counts is whether the Central
Government, especially our political masters (PMO), thinks one is loyal and
trustworthy to be appointed in the agency.
Shockingly, there are
over 1,300 cases pending against MPs and MLAs in various courts. These include
cases being on-off investigated by CBI. Hence, further sullying the agency’s
reputation, replete with its “failure” to back-up charges with required
evidence. Two cases in point: SP’s Mulayam Singh and BSP’s Mayawati. Whenever
the Government, be it Congress’s UPA or BJP’s NDA wanted to put pressure on
them, the CBI was used to ‘pursue’ cases of disproportionate assets against
them. When they came around, the cases were put in thanda baksa.
Or
senior Congress leader and ex-Finance Minister Chidambaram who
accuses BJP of political vendetta motivated by political considerations to
silence and stop him criticizing the Government while simultaneously
proclaiming himself an innocent victim. Drowned in the deafening cacophony is
that he stands accused of corruption.
The recent open war between ex-CBI Director Alok
Verma and his Special Director Rakesh Asthana had shadowy political mai-baaps in the background which
required Supreme Court’s intervention and ended in the ex-director’s
resignation. Another, was the clash between the agency and Kolkata Police in
February, underscoring an open secret: Protectors
and upholders of law have become so compromised and the system so rotten that
nobody believes it anymore. Worse, nobody cares a damn.
Moreover, there are critical
problems vis-à-vis CBI’s functioning.
As per the Delhi Special Police Establishment Act 1946, the agency can
investigate offences in States only if its Government gives consent. Although
criminal law and procedure are on the Concurrent List, public order and police
are State subjects. Plainly, both Central and State criminal laws are enforced
by the State police.
However,
there are many instances where Opposition-ruled States have denied consent for
CBI investigations, usually over political considerations. Maharashtra, West
Bengal, Rajasthan, Chhattisgarh, Jharkhand and Kerala withdrew their “general
consent” for CBI investigations recently. Leading, to Supreme and High Courts’ interventions
which directed States to transfer investigations to CBI, effectively
superseding States’ consent. Resulting in increasing Centre-State frictions
which impeded operation in cases,
causing avoidable delays.
Arguably, is the CBI
more sinned against than sinning? Is the
pot calling the kettle black? The truth
is mid-way. Both Government and agency work in tandem in furthering their own
interest whereby the CBI has adopted a brazenly opportunistic policy of playing
safe with Governments of the day and its willingness and commitment to serve
their mai baaps interest for post
retirement lollipops. See how an ex-CBI chief
was made member of the Human Rights Commission after retirement.
Similarly,
the CBI has a history of burying huge scams under mountains of bureaucratic red
tape, is unable to meet judicial scrutiny standards in high-profile and
politically sensitive cases or puts them under the lid for a long period till
public memory gets exhausted. Alongside, unqualified and incompetent workforce
with 15% executive rank, 28.37% law officers and 56.17%technical posts lying
vacant. Systemic issues indicative of a deep mismatch between institutional
aspirations, organisational design, working culture, and governing politics.
Thanks to cases being
registered hesitantly, searches and investigations delayed unduly,
charge-sheets poorly filed, arrests scrupulously avoided and convictions rare.
The Vyapan scam is history, the accused in the 2G scam were exonerated,
Chidambaram’s Aircel Maxis case is progressing at snail’s pace etc.
The constant display
of CBI’s non-performance in ensuring deterrent punishment to accused netas clearly erodes public trust in the
criminal justice system as it has failed to establish its image to fight
corruption without prejudice for which it was created in 1963. Today it has
metamorphosed into a Frankenstein’s monster and is working on selective
principles of applicability of law to preserve Jungle Raj within
What next? For
starters the CBI director should be given powers akin to a Government secretary and report
directly to the Prime Minister without going through the Personnel Department.
A separate budgetary allocation shouldl be made for CBI. Along-with a charter of functions, types of offences it
can investigate, nature of its superintendence and oversight. The agency should
get modern facilities on par with US’s FBI and UK’s Scotland Yard.
The details of cases wherein charges have not been
framed by trial courts despite the charge sheets having been filed by CBI for
more than one year should be shared by the CBI Director with respective High Courts
registrar generals. Also it needs to restructure, increase its divisions/wings
by creating 734 additional posts to rid its stereotypical defence of lacking manpower, funds and facilities to conduct
investigations.
It remains to seen it the Prime Minister will surprise and
silence his rivals by seizing the moment and gather political will to make the CBI independent? Will it uphold
the Constitutional rights and liberty of people and perform in an increasingly
complex time? For how long are
we going to mortgage our conscience to corrupt and tainted leaders?
The
Court has shown the way. Will our netas
now desist from playing havoc with the CBI and unshackle it from its tainted
tentacles. The ball is now in the Government’s court. It needs to urgently
answer a pointed question: Kiska danda,
kiski laathi aur kiski bhains? The buck stops at Modi’s doorstep. ---- INFA
(Copyright, India
News & Feature Alliance)
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