From 'caged parrot' to flying condor -Governance Now

From 'caged parrot' to flying condor

CBI, shamed by the supreme court, is giving up meekly repeating what its political masters say. It is now trying to be a bird of prey, swooping down on officials and politicians playing dirty

Brajesh Kumar | June 8, 2013

The ‘caged parrot’ has suddenly acquired the claws of a crouching tiger, the central bureau of investigation, that is. And all it took for the investigating agency to discover it had a spine was harsh words from the supreme court.

The swift action on railway minister Pawan Kumar Bansal and his nephew in the cash for post scandal is a case in point.

In continuing with its newly discovered enthusiasm to resurrect its image, it has asked the supreme court to direct the government not to interfere in its attempt to question senior officers in corruption cases.

According to a report in The Hindu on Friday, CBI has sought a specific remedy from the court, suggesting that ministers who deny the agency permission to question senior government officials be obliged to provide reasons for doing so. Under current rules, a minister can tell the CBI to back off without offering any explanation.

The affidavit was made in connection with the ongoing investigation into the allocation of coal blocks.

The Hindu report says the CBI, in its affidavit, has submitted that the present system of seeking approval to question government officials was highly discriminatory. For questioning officers of the level of joint secretary and above, it is mandatory to seek the approval of line ministers, which is often refused without providing any reason.

The trigger for the affidavit seems to be its inability to question former coal secretary, HC Gupta, currently a member of the Competition Commission of India (CCI) due to the refusal of the ministry of corporate affairs-- the nodal ministry for CCI—to proceed.

Be that as it may, if the court does accept CBI’s recommendations, it will go a long way in deterring senior bureaucrats who are vulnerable to either strong arm tactic from ministers or pecuniary considerations.

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