PM Modi’s defence of CBI is unconvincing

CBI has lost credibility, having been let loose on the Opposition

The stout defence of the Central Bureau of Investigation (CBI) by Prime Minister Narendra Modi on Monday should be seen in the background of the persistent and widespread criticism of the agency as a partisan body and the joint petition filed by 14 political parties in the Supreme Court last week against the “arbitrary” use of central agencies by the government. On the occasion of the diamond jubilee celebrations of the CBI, the Prime Minister called the agency “the brand for truth and justice” which has earned the people’s trust with its functioning, efficiency and capabilities. He said freeing the country from corruption was the CBI’s key responsibility and called upon the agency not to spare any person, howsoever high and mighty they may be. But the Prime Minister’s certificate for the agency would not at all sound convincing to most people. It would also be considered as his assurance to the agency that he did not attach any importance to the criticism and as a call to it to stick to its present course.

The Opposition leaders have in their petition told the court about the “alarming rise in the use of coercive criminal processes against Opposition political leaders and other citizens” and pointed out that the democratic right to dissent and disagree with the government is now in peril because of the heavy-handed use of the CBI and other agencies. They have said that 95% of the cases filed under the Modi dispensation are against Opposition leaders, and they have sought from the court “pre-arrest guidelines and post-arrest guidelines” and other legal safeguards which would ensure that they are not harassed by the government. There are many leaders of Opposition parties who are in jail on various charges. It has also been pointed out that many who were under investigation or were threatened with probes have become “clean” and have escaped harassment by joining the BJP.

The Supreme Court had described the CBI as “a caged parrot” speaking “its master’s voice” a decade ago in response to the then government’s claim that the agency “conducts all investigations in a free, fair and impartial manner as per the law.” The court’s denunciation of the agency has resonated through years, acquiring greater validity and credibility. The agency is now considered by many not as a parrot but as a hound unleashed by the government against the Opposition and critics. There are many instances in the public realm of the misuse of the agency which support the charges against it. It has also been noted that the conviction rate in cases is low, showing that the agency’s actions are more guided by the urge to harass than to ensure justice. The Opposition certainly has a stronger case against the CBI than the Prime Minister has been able to present in its defence.