B.RAMAN
The Central Bureau of Investigation (CBI) and the
Government of Dr.Manmohan Singh have come under criticism for the perceived
ham-handedness of the CBI in the investigation of a complaint regarding
irregularities in the import of some foreign cars involving suspected evasion
in the payment of duty.
2.In connection with the preliminary enquiry into
the complaint, which precedes the registration of a First Information
Report (FIR), the CBI allegedly raided
the houses of Shri M.K.Stalin and Shri M.K.Alagiri, senior DMK leaders and sons
of Shri M.Karunanidhi on the morning of March 21,2113, while looking for the
suspected cars.
3.Since the raids came a day after Shri Karunanidhi
announced the withdrawal of the DMK from the ruling coalition in protest
against the Government’s policy on the violation of the human and political
rights of the Sri Lankan Tamils by the Sri Lankan Government, there have been
allegations that the raids were politically motivated to teach the DMK a lesson
for its action.
4.Dr.Manmohan Singh and some senior Ministers from
the Congress (I) have dissociated themselves from any responsibility for the
controversial raid and found fault with the CBI action. There has been professional
as well as political ham-handedness in the entire affair.
5. The CBI has the duty and the responsibility to
take cognizance of reports of illegalities and investigate them if such
investigation falls within its charter, irrespective of the political and other
background of the persons against whom complaints have been made.
6.The timing of the investigation is in the hands of the CBI. Action has to be
immediate where heinous offences such as murder or terrorism are involved or
where there are reasons to apprehend tampering with the evidence by the wrong-doers
if the investigation is delayed.
7.The investigation in connection with
irregularities in the import of foreign cars did not come under any of these
categories. It was not a heinous offence. Nor were there grounds to apprehend
attempts to tamper with evidence.
8.The CBI could have chosen its timing keeping in
view the possibility of misrepresentations and misprojections to attribute
political motives to the raids in order to discredit the CBI as well as the
Government. If it had delayed the raids by a few days till the heat of the
controversy over the withdrawal of the DMK from the ruling coalition has died
down, heavens would not have fallen. This is where sound professional judgment comes in. While one could not fault the CBI
for the raids, one could fault its judgment in rushing with them.
9. There is so far no evidence to believe that the
raids were undertaken at the instance of anyone in the Government or the
Congress. It would seem that the Prime Minister and some senior Ministers were
taken unawares by the raid. There were panic reactions due to a fear that the
raids may further complicate the relations of the Congress with the DMK at a time when the Congress had not given up hopes of finding a face-saver
that might enable the DMK to at least support the Government from outside.
10. In the resulting panic, the Prime Ministers and
the senior Ministers handled the sequel to the raids with lack of political
finesse---not only criticizing the CBI, but also giving the impression of
asking the CBI to discontinue the raids. They forgot they had no powers to do
so.
11.As a result of the mishandling by the Government, the CBI has been put in an
embarrassing position. It will be suspected if it went ahead with the
investigation and even more suspected if it did not.
12. Building up the credibility of the CBI as an
independent organization known for its professionalism depends not only on its
officers, but also on the political leadership which should refrain from
actions or inactions that could impact on the prestige of the CBI.
13.In the final analysis, we will get the CBI we
deserve. There is no point in blaming it all the time----right or wrong .(22-3-13)
( The writer is Additional Secretary (retd),
Cabinet Secretariat, Govt. of India, New Delhi, and, presently, Director,
Institute for Topical Studies, Chennai, and Associate of the Chennai Centre For
China Studies. Twitter: @SORBONNE75)
