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CBI - The Caged Bird of India?
Giving a monumental, unprecedented rap to the premier investigation agency of India, the highest court of the land has reportedly observed “CBI is like a caged parrot, speaking his master’s voice. It is a sordid saga that there are many masters and one parrot”. By any stretch of imagination, it was indeed, as Shakespeare would have called it, ‘the unkindest cut of all’.
His master’s Voice (HMV), which is a synonym, used to describe a situation of repetitive statements from the spokespersons on behalf of a VIP, an organization or an institution of a corporate nature, is a brand owned by the Gramophone Company of the U.K. HMV is the picture of a dog, a Fox terrier called Nipper along with a cylinder phonograph. It was used on gramophone recordings of dog’s owner Mark Barraud. Francis Barraud, an artist and brother of Mark observed that the dog, Nipper, took a peculiar interest in the recorded voice of his late master from the trumpet, and hence conceived the idea of dog sitting before the phonograph and listening. Gramophone Company of UK purchased the rights of the painting’s usage in its publicity material. Now acronim HMV is very well known all over the world, but its longer form is presently used to describe the spokespersons in less than complimentary terms, if not outright derogatory.
Thus, when Supreme Court observed CBI as a ‘Caged Parrot speaking HIS MASTER’S VOICE’, it was indeed intended to be far less than complimentary in its reach and impact.
Continuing its observation, the apex court had remarked, ‘The CBI’s job is not to interact with government officials but to interrogate to find the truth”.
But then, CBI more often than not, took orders from its political bosses and their babudom. It is certainly not a secret and is well known in the public domain. However, the latest act of allowing political executives to doctor its probe report on coal scam was probably the proverbial ‘last straw on the camel’s back’.
So at long last, despite public posturing by many, the Supreme Court has confirmed it. Their observation has branded CBI, well and truly as ‘Caged Bird of India’. Believe it or not, it couldn’t have been more apt. If the Aam Aadmi movement of Anna Hazare and Arvind Kejriwal had cried hoarse about the comprehensive subjugation of the premier investigation agency of the country and therefore demanded its freedom from the political bosses at the centre, they were only telling the truth. And the truth is, that CBI was always used by the ruling political class, and they even rewarded those functionaries who play the ball to their diktats. Look at the appointment of Ashwini Kumar, the former Director of CBI, as the governor of Nagaland. This appointment alone, prima facie, exposes the nexus between the CBI and its political masters.
History of CBI informs us that it was established in the year 1963 in the month of April under a resolution of Ministry of Home. However prior to that, it was in 1941 that the government of India under British had set up Special Police Establishment (SPE) to investigate cases of bribery and corruption in transactions with the war & supply deptts. of India during World War II. The Delhi Special Police Establishment Act was enacted in 1946, to extend the SPE to central govt. employees, which remained in force until 1963, April, when SPE formally became the CBI. The scope of CBI area of coverage kept on increasing all over India, as per the changing demands of the ever enlarging area of economic offences and financial misdemeanors.
Mr D.P. Kohli, a visionary officer from the then Madhya Bharat, was made the founder director of CBI. Reportedly he had told the delegates at the 4th Biennial Joint Conference of the CBI and state Anti-Corruption officers: “The public expects the highest standard from you, both in efficiency and integrity. That faith has to be sustained. The motto of the CBI-Industry, Impartiality and Integrity: these must always guide your work. Loyalty to duty comes first, everywhere, at all times and in all circumstances.”
Thus, the objectives of this premier investigation agency were clear. But unfortunately, like all public institutions, in India, with power to make a difference in public space, were forced by corrupt men who had the power to influence the course of events of these institutions. Slowly but surely these institutions degenerated from sublime to ridiculous. These are sad facts of Indian national life.
Hence, the observation by the apex court, deriding CBI has not come a day too early. There are any number of instances, where CBI was misused or used to the advantage of party and its men and women in power and truth becoming an easy casualty and justice flying out of the window.
Going back in time, it was on 16th April 1987, that the Swedish National Radio’s news programme ‘Dagens Eko’ broke the news that “Bofors paid 32 million Kroners to the a/c of LOTUS, in connection with the Indian – 155mm Howitzer Field Guns - deal worth US $ 1.5 billion.”
It was an incendiary fuse that remained lit for all the 27 years that followed. It is still burning, despite CBI closing India’s most infamous criminal investigation file some years ago.
It was on 26th March 1986, Govt of India signed the contract with A.B. BOFORS of Sweden for the supply of 400 Howitzer Field Guns, subsequent to the talk between Mr Olof Palme, the then Swedish Prime Minister and Indian Prime Minister Late Rajeev Gandhi, on 22nd Jan. 1986, on the sidelines of UN Assembly meet. But on 28th Feb, in just over a month of this meeting, Mr Palme was assassinated. Who killed him and why? are questions still shrouded in mystery. However what is intriguing and therefore mysterious was the noting by Mr Martin Arbdo, the then MD of Bofors, in his diary. On 2nd Sept. 1987, some 6 months after the disclosure by the Swedish Radio, Mr Arbdo had reportedly written. “Met Bob Wilson at Sergel Plaza Hotel. He understood I could be forced to tell the whole story. Q involvement was a problem because he came in close connection with R. There are no demands. W promised to find out what was said between P & R.”
The alphabets Q R W & P represent the whole truth, nothing but the truth. But how will India and Indians ever know the truth, since CBI has closed this file years ago?
Quattrochi representing Q, is an eternal Italian fugitive from Indian laws, who 'vanished' from New Delhi incognito, during the height of Bofors controversy. Rajeev Gandhi representing R, was tragically killed by Sri Lankan terrorists in Tamil Nadu. Win Chadha of W, died of heart attack in Dubai, without as much facing questions from CBI, since he was paid off as winding up charges to give up his middleman’s job in favour of Quattrochi. That brings us to P for Mr Palme, the assassinated Swedish Prime Minister. So, of the 4 persons named in the diary, 3 have died, and the only person living shall never come to India, courtesy the Caged Bird of India, the CBI. Hence truth of Bofors’ pay off will never be known to Indian public.
Coming to the latest rebuke of CBI by the Supreme Court, “a caged parrot speaking in its masters voice”, on its ‘sordid saga’ of taking instruction from its political masters in matters of Coalgate scam, shall pale, if one notes the remarks of Quattrochi’s lawyer in Argentina. “Indian case was incomplete and Quattrochi’s detention in Argentina was illegal from the outset. The CBI only brought half the papers relating to the case and neglected to bring the judgements from the Delhi High Court”, Quattrochi’s lawyer was reported to have observed. And Indian media had this headline in June 2007, on the Argentine debacle, “Judge Harichi Doi of the First Court of El Dorado (Buenos Aires-Argentina) ordered the prosecution (in this case CBI) to pay Ottavio quattrochi’s legal fees”.
This was probably the harshest humiliation suffered by CBI, in its handling of Bofors bribery scandal for close to twenty years. To lose a case is one thing, but to lose a case for inept handling (in this case very purposely) and then to be asked to pay the cost to the opposite side, is simply incredible and unthinkable.
Going back to the closure report of Bofors pay off case by CBI, there is one very pertinent aspect, which stands out clearly for the cover up effort of the then govt. It is true, by its own efforts, CBI managed to nail nobody as the beneficiary of this loot. But on the 22nd Dec. 2005, UPA govt. of Mr ‘Clean’ Manmohan Singh did the most unthinkable. It sent Additional Solicitor General B.Dutta to crown Prosecution Services in London. Dutta conveys the Indian govt’s permission to defreeze Quattrochi’s a/c. And Rs. 24 crores in equivalent in £ flies out of the window without any delay. How did this happen? Or on whose instruction this defreeze took place.
How was this allowed to happen? Where are the conscience keepers of our nation? Where is the media which is only waiting for sensation? Isn’t this episode sensational enough? And Left Parties, have they gone bankrupt? They have no comment to offer? For them national interest is only when it is opposed to United States of America!
An activist did file a PIL in the Supreme Court to stop this loot from getting into the hands of fugitive Q. But the apex court in its wisdom did not act fast enough in the name of procedure and propriety. When they acted some 24/48 hours late, there was nothing left to fight for. The money was withdrawn with alacrity. So you neither have the man answerable to the law of our land nor the money was available to the country.
In fact the public rap of CBI by apex court was not the first nail and may be not even be the last. That CBI was the ‘Convenient Bureau of Investigation’ of the government in power was never in doubt. The Delhi’s power corridors have used the highest investigating agency of the land to fix political opponents, as per the needs of politics of convenience, was an open secret.
Most governments, most of the time, have used CBI for their sinister purpose. Unfortunately even the men manning positions of authority in CBI have adjusted themselves to the needs of the government in power, subjugating their independence, dignity and sense of judgement. The latest scam involving the interference of union Law Minister, senior officers of PMO, and those of Coal Ministry has exposed the CBI completely. If, as report informs, that the court had directed the CBI in clear terms not to share its report with the government, and CBI did the very reverse, then it is a clear case of contempt of court. CBI director Ranjit Sinha is as much guilty as the Law minister. As some points out in the media “Politicians will be politicians, but should permanent functionaries of the state become raven factotums for the sake of plum postings and post-retirement sinecures?"
That brings us to the latest appointment of Governor for Nagaland, the former director of CBI, Ashwin Kumar. Surely there will be many questioning the rationale of this appointment, as to what favour has Ashwin Kumar done as CBI director and for whom he has done this favour. Normally such gubernatorial largesses are extended only to say ‘thank you for your services’, isn’t it!
According to U S Mishra, a former CBI Director, ‘there are influences to keep the progress report, of cases CBI is handling, to keep pending or present it differently’. He admitted his predicament while supervising disproportionate assets cases of Mayawathi and Mulayam Singh. He accuses the government of dangling before CBI officers, post retirement sops, such as NHRC or UPSC memberships, besides the gubernatorial postings.
Coming to cases involving Mayawathi, Mulayam Singh and that of Lalu Prasad Yadav, they have only added to the negative role of CBI vis-à-vis political interferences. All the above three, the lady and gentlemen, are known anti BJP politicians. Hence all three are cultivated by the ruling dispensation at present in Delhi for whatever it is worth. All of them have cases against them being pursued by CBI and CBI blows hot and cold at intervals on all these three, depending upon the climate in the Delhi’s corridors of power. Of course for discerning observers, the political wheeling dealings are apparent. Whenever these three play difficult with the rulers, CBI issues statements about the status of case against them and plays cool when it is vice versa. The latest episode of CBI raid on the residence of Karunanidhi’s son Stalin is a case in point. Prime Minister Dr Singh, M/S Chidambaram and Kamalnath expressed shock at this ‘untimely raid’, almost meaning ‘how could you do it without our clearance’. These reactions from the political bosses have exposed overbearing attitude of ruling dispensation on CBI.
Here it is interesting to add that the present CBI director Ranjit Sinha, is the same officer, who as in-charge of the investigations into the Rs: 800 crore ‘Chaara Ghotala’ had given Lalu Yadav a clean chit, obviously in a wheeling dealing consideration. He was made director of CBI despite resistance from opposition. So it is an ongoing quid-pro-quo!
Here, there is an interesting story which all should know, which was in the media only as a news, without the scam dimension discussed. Air India is our national carrier, but it is in the media for all wrong reasons. For many decades, it has been in financial ill health, due to many factors, like unionised work culture of its staff, both flying and non-flying. Among the major factors that ruined the health of the Maharaja, is the political and personal decisions of Ministers and babudom, either in buying of aircrafts or in marketing of routes. The recent deal involving Jet Air & Etihad of Abu Dhabi, where the later bought 24% of the former, reportedly with the blessing of Union Aviation Minister Ajit Singh. According to information, the minister had allowed the grant of 40000 seats per week to Jet, which was otherwise the most profitable sector of Air India. That huge money must have changed hands in this deal, is left to one’s imagination. But it will only hasten the doom of Air India. There has got to be a CBI investigation to not only this deal but for all previous deals of all kinds involving Air India where hundreds of crores of tax payers money is involved. This is nothing to do with the aspersion cast by the Supreme Court on CBI, but the loot of public money for private gain of politicians and babudom.
Another recent case is that of Pawan Kumar Bansal, the former Railway Minister, the fastest one to relinquish office on corruption charges. Details are all there in public domain. But CBI in its over enthusiasm, to please the ‘Master’, has already told that there is no case against Bansal. This shows, as LK Advani had famously observed long time ago, in the context of emergency, “asked to bend they crawled”
Exhoneration of Bansal by CBI, without going into the case of selling Railway Board membership, especially when the king pin is the minister’s nephew, is a clear case of CBI crawling, when only asked to bend.
Misuse of CBI by politicians have made even CBI brazen. That is a sad fall for the premier investigation agency, and a very sad day for India in the 21st century.
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