CJI's faux pas

CBI Director Alok Verma's petition was heard by a three judge bench in the supreme court today. CJI Ranjan Gogoi was one of the three judges. Alok Verma has pleaded that CVC does not have the authority to insist on his proceeding on compulsory leave. Only the Appointments Committee of which CJI is an ex-officio member has the power to do so.

So the plaint was in effect telling the CJI, "Your powers are misused by the CVC." CJI himself cannot sit in judgment over usurpation or otherwise of his own joint-powers. This would amount to clear conflict of interest. It is a different matter that the court came to an impartial view that they would await report of the enquiry against Verma.

Lawyers like Prashant Bhushan who invent conflict of interest even if there is none preferred to be silent. Perhaps they do not want to be offensive towards the new CJI so early in his tenure as CJI and thereby antagonise him. Rahul Gandhi's demonstration for restoration of Alok Verma's powers and subsequent courting of arrest betray lack of appreciation of crucial issues involved. His consistent inability to rise to the occasion and play a responsible role as an opposition leader makes him undeserving of presidentship of the Congress party.

Masterstroke or manipulation?

CBI is suffering from autoimmunity. Instead of acting against corruption among public servants which is its mandate , it is attacking itself. The internecine battle between the Director Alok Kumar Verma and Additional Director Rakesh Asthana has been momentarily halted by CVC's order issued during October 23- 24 noctural hours. The scene now shifts to the Supreme Court which will have a preliminary hearing on October 26th on Alok Verma's petition against the CVC order forcing him to go on leave. The Chief Justice cannot hear the petition because he is ex-officio a member of the committee in charge of selection and transfer of CBI Director.

Congress party which opposed Verma's appointment as CBI Director is now 'making amends' by condemning the action against him. Political opportunism? Opposition parties do not question Verma's action of divesting Asthana of his duties at 9 p.m. but they are outraged that CVC passed its order late night.

Verma vs Asthana is only a proxy for the bigger battle that is raging between Congress and BJP. BJP's repeated attempts to 'prove' the 'corrupt deeds' of Congress leaders are checkmated in various institutions by individuals allegedly owing allegiance to Congress. It is no wonder that a politically polarised institution like the CBI is functionally paralysed. What is even more worrisome is the possibility of political balkanisation of even the judiciary. Serial reliefs extended to P.Chidambaram from custodial interrogation is a painful pointer.

There is a view that the Committee in charge of appointment of CBI Director alone could have taken the decision to ask Verma to proceed on leave. It appears that the government did not exercise this option because the government would have been helpless if the CJI and the Congress representative did not favour CVC's proposal. 

Ranjit Sinha's hospitality

A country-wide hue and cry has been raised over the CBI Director's visitors. Ranjit Sinha has answered the critics in a step by step methodical way. There was no visitors' log. Even if there was one, what was produced in the Supreme Court was not genuine. Even if it was genuine, he did not meet all of them. Even if he met all of them, he met them only to satisfy himself about the veracity of notings made against them by CBI's lower level politically-naive officials. So, where is the alleged misconduct by the Director?

Sinha wants the name of 'whistle-blower' to be made known. Who is the ungrateful / unreliable renegade who has stooped to the level of disclosing what his / her boss does? This 'namak haram' should be named, shamed and jailed. Nobody has the right to bring down the reputation of the CBI Chief.

How does the Supreme Court even think of entertaining an application against the conduct of the CBI Chief? Has it forgotten Thomas Fuller's famous dictum: "Be you ever so high, the CBI is above you"? The Supreme Court must be charged with contempt of CBI.

Let us not forget the noble role played by Manmohan Singh in ensuring Ranjit Sinha's appointment to head the CBI. He protected the 'Coalition Dharma' by favouring Lalu Prasad's saviour. It is a befitting coincidence that both Singh and Sinha have 'Sin' deeply embedded in their names.

CBI's duplicity and Jairam Ramesh's ire

Jairam Ramesh has done himself proud by expressing his indignation over CBI's ham-handed approach in its investigation in the issue relating to MCX - SX.  CBI, for reasons inexplicable, has taken up a preliminary enquiry (PE) against two of the most scrupulous civil servants India has ever seen.

C.B.Bhave and K.M.Abraham have been the nemeses of many rent-seekers in our business world. The unscrupulous folks have been waiting for a chance to get back at them. It is well known that President Pranab Mukherjee was not pleased with Abraham's uncompromised approach towards Sahara and others when he was the Finance Minister. Bhave stood by Abraham.

Many retired civil servants have criticised CBI for its duplicity. Jairam Ramesh has been more forthcoming; it is praiseworthy that he has not allowed his ministerial inhibitions to prevent his plain speaking.