Monday, October 29, 2018

Dinesh Kamath's Editorial 'SC shows promise of solving the CBI crisis' that was published in Newsband


SC shows promise of solving the CBI crisis
The Supreme Court has ordered a time-bound and supervised inquiry into the charges against the sidelined CBI Director, Alok Verma. The government had earlier asked Verma and Special Director Rakesh Asthana to go on leave, and appointed M. Nageswara Rao as its interim chief. After that the Central Vigilance Commission, accused Verma of non-cooperation and divested him of his powers and functions. SC has asked the CVC for a quick probe within two weeks into allegations against him. Former Supreme Court judge A.K. Patnaik is to supervise the CVC probe.
The court’s interim order thus goes beyond calming the air; it works as a safeguard against any further damage to the institution’s reputation and credibility. Judicial intervention often serves to quieten the mood in a surcharged atmosphere. This is of particular importance here. The Government and the Supreme Court have done the right action as of now. The inquiry will reveal the interference of the Congress.
The government's assertion that the Supreme Court's curtailing the powers of Nageshwara Rao is not a setback, is indeed true - the new interim director or anybody for that matter can't initiate the process of investigating the Rafale deal. This is indeed a victory for the Modi Sarkar.
CBI is making the enquiry against Asthana in corruption cases. It Is well known that both Verma and Asthana are at loggerheads with each other. Under such circumstances the presence of Verma in the Director's chair is likely to cause some embarrassment. That is why CVC recommended to the government that he may go on leave. The recommendation is absolutely in order. Autonomy does not mean that one can function without any accountability. India is a country where honest people are harassed and dishonest left unpunished.
The judgment by the Supreme Court is timely and very appropriate considering the morass that has been created by vested interests. Governments of all hue have been guilty of pushing 'their' men into positions of power with no regard for the damage that such moves cause to the integrity of vital organisations. It is interesting that the Director, the Deputy Director of the CBI, the head of CVC and the temporary Director of CBI have all been accused of misdeeds in the past. Given this it is a sign of the times that these warnings were deliberately ignored in appointing them such positions.
The pendulum is slowly swinging. Did anyone notice that two of the three judges Mr Gogoi and George who are looking into this case are made of a different mettle and tolerate no-nonsense. There is still hope.
SC has clearly acknowledged existence of a prima facie proof on the charges against Alok Verma. It only wants it to be corroborated further beyond doubt so that the person can be even recommended for immediate dismissal by PMO. Government actions stand completely vindicated as even the petitions challenging legality of its action would be torn into pieces after the probe results are available in 10 days. CVC being a professional institution, one can trust them to assemble all evidences within the time frame enough to support the action asking the accused to abstain from duties. It is shocking to know that so much of cancer was residing inside the CBI & Government; particularly PMO was careless about it for so long despite strong indications of the malaise coming from CBI's predecessors AP Singh & Ranjit Singh who were admonished earlier for their suspicious behavior. It would be a great relief if at least now the Govt takes up the cleaning process to its completion & investigations are done properly.
The matter of CBI needs to be settled as soon as possible because this institution is of prime importance of government. Furthermore it will leave a bad name to the investigative agencies.

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