Would The PM Come Clean?

The party had, therefore, questioned whether the Prime Minister of India wasin the knowledge of and privy to this decision. Unfortunately, neither thepolitical executive of the government of India nor the Congress Party hasresponded to these two questions. They wish to take this debate on issues ofirrelevance.

Disclosures made in The Indian Express today have now thrown up a veryvital issue. It appears that the CBI was of the categorical opinion that thereis sufficient material to prosecute Mr Ottavio Quottorocchi and that there wasfurther material to link these two accounts to the Bofors pay-backs. The CBI wasopposed to this help being given to Quottorocchi and was opposed to any suchconcession being made. The CBI wanted its official to accompany the law officerand even this request was not acceded to. 

The position in law thus is very clear. It is the CBI and the CBI, alonewhich is responsible for prosecuting the case. In case the CBI is of the opinionthat no case is made out, it is only the prosecutor upon being satisfied, movean application seeking permission of the Judge to withdraw the case. The Courtwill review the facts on record and then pronounce on whether the prosecutor canbe given permission or not. The political executive of the government of Indiahas absolutely no role to play in this matter. 

The relationship of Mr Quottorocchi with the Chairperson of the UPA, if atall, is a ground for suspicion and certainly not a ground for discharge. Nowthat it is clear that the CBI was of the opinion that a case for prosecution ismade out and had sufficient material existed on record against Quottorocchi, howdid the Law Minister, the Additional Solicitor General or any other functionaryof the government of India including the Prime Minister (if at all) reach aconclusion that they were authorized to make this collusive concession in favourof Quottorocchi? This is dereliction of duty. It is collusion with the accused.It is failure to protect the law in India. It is a blatant attempt to help anaccused merely because of his powerful connections. This unusual step has beentaken to help Mr Quottorocchi merely because of his proximity to Mrs. SoniaGandhi and the Gandhi family. Is Indian law going to be different for an Italianaccused?

For having defied the law and for having interfered with in its due process,the Law Minister has not merely shown his ignorance of law but chosen to indulgein its flagrant violation. He deserves to be dismissed forthwith. The BharatiyaJanata Party demands his dismissal.

But what about the Prime Minister of India? His proclamations that "the governmentwill function at zero level of tolerance on corruption" have proved to befalse. His assertions about the probity and transparency in public life havebeen established to be hypocritical. His credentials of being a decent man areincreasingly becoming a suspect. He championed the cause of tainted ministers inthe Cabinet. He gave clean chits to the tainted in the Volcker controversy.Today his government is in collusion with the accused that have cheated country.Would he still come clean on his own role in the matter?

Former Law Minister Arun Jaitley is BJP General Secretary