Whether it is in the case of Telecom Minister A Raja or former Uttar Pradesh Chief Minister Mulayam Singh Yadav and his successor, the conduct of the Central Bureau of Investigation has evoked disquiet. India's premier investigative agency has repeatedly been called upon to suspend or even reverse its professional judgement. What seemed to be open-and-shut cases against politicians or even bureaucrats — one of Mr Raja's aides has been accused of giving away public land in a prime location in Mumbai to the construction mafia and the bribery trail has been well documented — have not been pursued. Of particular concern is the fact that the supervisory matrix and the system of oversight devised for the CBI seems to have gone to sleep. The superintendence of CBI on matters of investigation lies with the Central Vigilance Commission. On administrative issues it reports to the Department of Personnel and Training in the Ministry of Personnel, Pension and Grievances. The DoPT is under the charge of the Prime Minister's Office. As such, the CBI is given political instructions from the highest office of the land, not from any ordinary Minister. This is what makes the whole business of the CBI's manipulation and political misuse all the more intriguing. Mr Manmohan Singh is no common politician. His much-vaunted integrity is his badge of honour. Even his staunchest critics would hesitate before accusing him of wrong-doing. Why then is he allowing the CBI, the political guardian of which he is, to be so thoroughly misused? It can be argued that the Congress needed the support of BSP, RJD and SP MPs to defeat the recent cut motion in Parliament and hence struck a deal. It can similarly be contended Mr Raja and the DMK are blackmailing the leading party of the UPA — as they had done in the coalition's previous term, 2004-09. Yet, there are limits that no Government and no party can cross without seriously harming their dignity and sense of pride. The Raja episode constitutes one such test.
There remains the broader point about the CBI. Mr Singh has spoken of administrative reforms, institutional integrity and the need to safeguard and sequester civil servants from political interference. How then can he tolerate the mastication of the CBI's processes and morale? Is it not time to call the bluff of difficult allies and mealy-mouthed Ministers? The autonomy of the CBI and the attempt to locate it within the protective ambit of the CVC were issues discussed and thrashed out in excruciating circumstances in the past decade, particularly after a spate of political scandals and financial swindles in the 1990s. It would be tragic if Mr Singh's Government — with an honest Prime Minister at the helm — becomes responsible for mutilating this whole arrangement and, once more, making the CBI a handmaiden of party factionalism and political vendetta. Already, the CBI's politicised mandate is becoming controversial in Gujarat — where it is dragging on the Sohrabuddin encounter case and using strategically timed leaks and 'revelations' to attempt to embarrass the State Government. In Bihar, the Nitish Kumar Government's mission against corruption and exposing the misrule of the Lalu Prasad Yadav years is being systematically undermined by the CBI. All this is expedient for the Congress and the UPA Government and is giving them short-term advantage. Yet, the precedents being set are downright dangerous. They will haunt Mr Singh's legacy.
