'CBI should be freed from its masters'- 2 Feb 08 (http://thestatesman.net/page.news.php?clid=4&theme=&usrsess=1&id=188640)
Not many bureaucrats dare to fight against the system openly while in service. After retirement they might write memoirs exposing certain people then in power and the misdeeds committed by them.
However, BR Lal, former joint director of the Central Bureau of Investigation who was the chief investigator in the Jain-Hawala case in 1995, dared to post a bunch of letters to the CBI top brass and senior home ministry officials alleging that somebody at the "top" was trying to shield "big fish" in the Hawala case. Besides alleging "selective" and "discriminatory" handling of the case which he said was tantamount to "betrayal of the nation", Mr Lal also advocated bringing the then Prime Minister, PV Narasimha Rao and former Prime Minister Rajiv Gandhi under the ambit of the probe.
The consequences were obvious, adverse remarks were made in his annual confidential report and he was shunted out of the country's premier investigating agency. This was not the first time that he was "rewarded" for performing his duties diligently. He was transferred 23
times in 12 years, every time for taking a "principled stand" on one issue or the other. After retirement, he wrote on his three years in the CBI in his book **Who owns the CBI** which raised many questions on
how the investigating agency works.
Mr Lal spoke to VIJAY THAKUR on the functioning of the CBI and what one needs to do to improve its functioning and rid it of interference from its political masters.
Excerpts:
You have seen the functioning of the CBI from close quarters as a part of the agency and also as a police officer. What do you think is lacking in the CBI?
I do not think there is any problem with the investigating agency. Our investigating officers are if not the best in the world, certainly very good when it comes to performing their duties. They have shown exemplary courage while investigating political big wigs and the high and mighty. Except for a few cases, nowhere would you find that they have compromised with their investigating duties. However, the problem probably lies with the top brass. There are many instances when certain directions, directly or indirectly, were passed on to the investigating officers either to go slow or not to probe further in "certain areas" of investigation. And for obvious reasons. While in the CBI, I had initiated a scrutiny of power projects like Kawas, Uri and Dulhasti, for which Mr SK Jain had allegedly given kickbacks to politicians and a quid pro quo had been established by the CBI. I wanted to go further and probe many other things. But I was transferred to the CBI's northern zone for obvious reasons.
Actually in the CBI, the director has all the say and "such" directions come from his office only. We have to ensure that the CBI chief is free from any kind of political pressure.
How do you think the CBI director's post can be kept free from political pressure? The government has already fixed a tenure for the director to ensure he gets a free hand.
At first glance, a fixed tenure appears to bring more confidence to the CBI director. But the fact remains that the CBI should be liberated from the executive's control as nobody can take action or investigate their own masters. People in power should have no say in the selection process of the CBI director. I suggest that there should a committee of eminent personalities including former Chief Justice of India, former CAG chief, former CBI directors and former Chief Vigilance Commissioner, former Cabinet Secretary, and other eminent personalities. This way there will be little or no political influence in the selection process. As a result, whoever becomes CBI director would avoid "directions" from his political bosses.
Is the quality of investigation by the CBI up to the mark? The general belief is that the CBI is a corrupt organisation. What should be done to root out corruption in the investigating agency?
To me, the CBI is still a very professional organisation. It has maintained its tradition. There might be some bad hats who might be indulging in bad practices, but it is also a fact that the investigating agency takes strict action against corrupt officials. There have been instances of action being taken against officers of DIG and IG rank. During my three-year tenure, I took action against seven senior CBI officers, including an IPS officer. This problem can be checked by strict vigilance.
As I have said, the main problem is with the "top brass" and its masters who give "directions" and exert pressure. I remember a case of a senior IAS officer of the 1969 batch, Mr Dharmender Deo Mishra. A chargesheet was filed in one of his cases and another was pending approval from the home ministry. First I was asked to withdraw the case and when I refused and went ahead, a Cabinet Secretary shot off a letter saying "the Prime Minister, Mr PV Narasimha Rao, has personally ordered that this case should be withdrawn and other cases should be closed". The letter further stated that "there should be no further communication on this".
Imagine the kind of pressure an IAS officer can exert through the Prime Minister's office. Such actions demoralise the force. They then stop investigating big people presuming there would be no use as it is not going to yield anything. There is a way of helping big wigs, first "they (CBI top brass)" do not allow investigation against big people. Even if the investigation begins they ask not to launch arrest and search which is very important. After that no chargesheet is filed and even if it is, some legal lacunae is left to help the accused persons.
When I was in the CBI there were over 200 senior officers whose cases were pending with the government, some for decades. Imagine the plight of the investigating officers who work hard, take risks and collect evidence against bigwigs and one day they learn that chargesheet cannot be filed as the government has not given its approval.
The fact is, over the years the CBI's image has suffered a lot. The need of the hour seems to be to restore people's faith in the investigating agency.
The answer is the same. The solution is that the CBI should be liberated from its masters. It is not only the top brass of the CBI who should be liberated from political bosses but the entire investigating agency should be free from the clutches of its political masters. I can personally assure you that the CBI is a very fair organisation unless it is prodded by bigwigs. We are no more living in a colonial era where the investigating agency should seek permission from its masters ~ which corrupt officer is to be shielded and which is to be booked.
The old laws of seeking approval from the government for prosecution of senior bureaucrats should be changed.
People still have faith in the investigating agency and they would have more faith and confidence once they are convinced that the CBI faces no "outside pressure" during investigations.
(The interviewer is Special Representative, The Statesman, New Delhi)
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