'Keep The Damocles’ Sword Hanging'

'The UPA has once again misused the CBI as a political instrument for its own survival... The heat of the case is increased or reduced depending upon the pressure required to be exerted when a bail-out of the government is necessary'

Arun Jaitley

Updated on: 27 April 2010 12:00 am

As recently as April 13, the CBI filed an affidavit in Supreme Court that it has "evidence to prove that the Bahujan Samaj Party chief and her family members acquired assets far exceeding their legal source of income". On April 23, the same agency told the same court that it "will need time to re-look into the whole case" in view of the favourable orders passed by the income tax authorities. On April 27, 21 BSP MPs help the UPA government sail through the opposition's cut-motions. The BJP reacts:

***

The UPA government has once again misused the Central Bureau of Investigation as a political instrument for its own survival. The CBI in the past six years has been systematically used by the UPA on the basis of a three-fold strategy.

Whitewash and cover up the offences against the Congress and UPA leaders.
Keep the Damocles’ sword hanging on the heads of certain vulnerable opposition leaders particularly those belonging to BSP, SP and RJD. The heat of the case is increased or reduced depending upon the pressure required to be exerted on these leaders when a bail- out of the government is necessary.
Harass leaders belonging to opposition parties, who are likely to be perpetually in opposition, and not vulnerable to governmental pressure.

The case against the recipients of bribe in the Bofors case was systematically finished by misusing the CBI. The case of possessing disproportionate assets against Lalu Yadav was weakened by changing the Public Prosecutor and by exonerating him by collusively managing the Income Tax departmental proceedings. The appeal was not filed in the High Court against an order of a Special Judge acquitting him. The state government’s right to file an appeal against and question the vulnerable judgement was opposed by the central government and the CBI. The case against Ajit Jogi for buying MLAs was systematically finished. Sanction was not granted to prosecute Satish Sharma in a case of nepotism regarding petrol pumps being allotted. A false promise was held out to the head of a religious sect in Punjab for withdrawal of CBI case against him in order to bargain political support for the Congress Party on the eve of Punjab elections.

The case against the BSP leader Ms. Mayawati regarding the Taj corridor was diluted when the BSP support was required in 2007. However, at the time of no confidence vote in 2008 the case of disproportionate assets against her was activated when she was actively opposing the UPA. Suddenly in April 2010 a statement is made before the Supreme Court seeking to dilute the case of disproportionate assets against Mayawati when her support is required in the Cut Motion in the Lok Sabha. Affidavits in the case of Mulayam Singh Yadav were changed depending on the circumstances when he supported the government or when he opposed the government.

A false case against Shri George Fernandes was registered in relation to defence transactions even though the Commission of Inquiry headed by Justice Phukan had categorically opined that there was no case against him. The case of Shri L.K.Advani relating to the incident of 6th December, 1992 is being proceeded on the basis of a factually false basis by changing the interpretation of Advani’s appeal to the Kar Sewaks to come down from the disputed structure. The whole basis of the CBI case is that this appeal by Advani was intended to protect the Kar Sewaks from injury and does not indicate that he was not a part of the larger conspiracy to demolish the disputed structure.

There appears to be no doubt that the CBI has lost its investigative integrity. It has become a political arm of the government. Successive CBI directors have succumbed to the pressure of the government and allowed the agency to be used not for investigation into serious crimes but for protection of the political interests of the party in power. The united opposition in Parliament has become a sore point for the UPA government. The UPA was looking for a Trojan Horse in the opposition. Its policies, scams and non-performance prevented the disintegration of the opposition. However, the CBI case against the vulnerable leader of the BSP appears to have worked at least in the political opportunism displayed by the Bahujan Samaj Party. The BJP and the NDA are convinced that the opposition space belongs primarily to them. And we will continue to enlarge our base and hold on to that space.