CBI: His Master’s Voice
By Poonam I Kaushish
With the world in a tailspin thanks to US-Israel war against Iran with Middle East caught in the crossfire, in India BJP-AAP are trading charges over a CBI special court judgment acquitting all 23 accused, including Delhi Chief Minister Kejriwal for his role in irregularities and kickbacks in the now scrapped 2021 Delhi excise policy case. Big deal if it led to incarceration of virtually the Party’s frontline leadership. Exemplifying a lexicon: When truth becomes a casualty, you end up with only babble.
The judge punched so many holes in CBI’s findings that it ended up looking like a sieve. From being described by Supreme Court as a “caged parrot” 2013 to CBI Court’s scathing verdict 2026 of “investigations being pre-meditated and choreographed exercise with no material at all, conjecture” where facts were arranged to support a predetermined conclusion.”
Adding, it was “conscious abuse of official position” designed to keep prosecution’s narrative fluid and protect the investigator rather than uncover the truth in the excise policy case. Most disquietingly, the Court found the agency misrepresented facts by claiming they had not received a copy of the approver’s statement when the IO had, in fact, signed for it on the day it was recorded.
The Court also slammed the IO for “suppression by obscurity”. Vital legal opinions from former Chief Justices were buried inside what the judge called an “email dump” of more than 14,000 communications. It observed that material described as “vital” was presented in a manner where it was “liable to remain unnoticed”, comparing the search for it to finding a “needle in a haystack”. More embarrassing, court recommended departmental inquiry against case investigators.
The verdict has now called a halt to this saga. For Kejriwal and Co this is a moment of vindication. For CBI and Government it’s essential reading and a censuring moment sending an unequivocal message: Not without due process. Rebuking the agency, “criminal trials must be about what the defendant did, not who defendant is.”
Obviously, CBI disagrees and will appeal but we may not have a final verdict for years given the 2009 2G scam case is still at high court stage. But that’s not the point. No society is above conspiracies, corruption and crime. Look at US’s Epstein storm. Herein, the case cast a lengthening shadow on Kejriwal’s AAP, weighed down its Government, led to the spectacle of a sitting Chief Minister being sent to jail and was the centerpiece of last year’s Delhi Assembly elections which BJP won.
This explains why our politicians always hoot for CBI investigation. Those in Government use it as its handmaiden to dance to its tune. A toothless tiger to help friends and settle political scores with opponents with hit-ins, clean chits, political cover-ups and fool proof surety for law enforcers to become law breakers legitimizing crime and corruption.
Allegations abound how the agency has and is being used to intimidate and cow down political opponents. Be it during Congress era or Modi Sarkar. From political partisanship, raids on susceptible opponents, often with a little help of ‘partners’ Enforcement Directorate and Income Tax Department, filing of FIRs, hours of questioning to a charge-sheet, favouring some, cracking down on others, going slow on key cases, messing up investigations, left half-way or not done at all.
Its inconsequential that in the end the CBI might not find any malfeasance but the calibration of response is what the game is all about. If you fall in line, pressure is eased. If you don’t, pressure is gassed up. A case in point: Whenever Government wanted to put pressure on BSP’s Mayawati CBI was used to pursue cases of disproportionate assets against her. When she came around, cases were but in a thanda baksa. Notwithstanding, scathing criticism from Supreme Court.
Consequently, cases tumble. Hardly one in five rape accused ends up behind bars, murder average is two of five. Why? Because of weak evidence. Example: December a drug runner was acquitted in Jharkhand because cops couldn’t produce evidence as rats had “consumed” 200kg of marijuana!
Sadly, the system has become self-perpetuating whereby a threatened political elite give more and more powers to CBI to get their way and have their say. Your merit and investigative skills don’t really matter. What matters is whether the Central Government, especially your political masters (PMO), think you are loyal and trustworthy enough to be appointed in CBI.
Questionably, is CBI more sinned against than sinning? Is the pot calling the kettle black? The truth is mid-way. Both work in tandem in furthering their own interest wherein the agency has adopted a brazenly opportunistic policy of playing safe with Governments of the day.
There are as many as 3211 cases pending against MPs and MLAs in various courts in 19 States. These include cases being on-off investigated by CBI. Thereby, not only sullying the agency’s reputation, replete with its “failure” to back up charges with required evidence but also raising serious doubts about its honesty and integrity of purpose to weed out the corrupt.
A reminder of the fundamental salience of due process —— much needed when central agencies are weaponised by the ruling establishment on a witch-hunt against political opponents. When the agency invokes stringent provisions like PMLA with onerous bail conditions, the expectation is that evidence is robust and case watertight. But when these cases collapse even before trial it raises questions of political motives.
Time now, for CBI to set high standards of investigation and have a corrective influence. It needs to remember it derives authority not merely from statute but also from public trust. Inept or motivated prosecutions damage institutional credibility. Certainly, this does not imply that corruption should go uninvestigated or that our leaders deserve special immunity.
On the contrary, accountability is essential. But the agency must be even-handed, transparent and have legally sustainable proof. It should take care to neither act, nor be seen as acting at the behest of its political mai-baaps as such a perception weakens public faith in the rule of law and emboldens the corrupt. Hopefully Kejriwal’s order should have a restraining effect when it next seeks to unleash vindictive politics.
Over the years various Governments talk tall on giving CBI autonomy and improving its functioning from LP Singh Committee 1978, Parliament Estimates Committee 1991-92 even Supreme Court has made attempts to provide CBI insulation it requires, but unfortunately all failed. When push came to shove recommendations remain on paper.
Bringing things to such a pass that instead of becoming more accountable , CBI has been purposely protected from scrutiny. See how it was expressly taken out of the RTI Act’s ambit on grounds of national security.
Prime Minister Modi has oft spoken about ushering in transparency in governance. Time he walked his talk and made CBI independent whereby it stops being His Masters Voice and prevents abuse of power.
Remember, nothing can be more harmful to democracy. Specially against the backdrop when checks and balances on power are weakening, the Court message is clear: Justice may be delayed, but not denied. The ball is now in Government’s court. Will CBI be guided by law only or by Government? Kiski laathi aur kiski bhains? — INFA