In the eye of the storm

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In the eye of the storm

Monday, 14 January 2019 | Deepak Sinha

Issues like autonomy and independence of the CBI and powers of the government with regard to the agency are tossed aside without any resolution

The manner in which Prime Minister Narendra Modi summarily removed Alok Verma, the Director of CBI, after he had been reinstated on the directions of the apex court, not only exposes his contempt for court and the rule of law but also shows a ruthless determination to stay in power, regardless. This also confirms that while NSA Ajit Doval in cahoots with CVC KV Chaudhary may have earlier engineered the midnight coup, it was Modi who blatantly disregarded facts or constitutional propriety in ordering this done. In all likelihood this was done as Verma’s action of lodging an FIR against his deputy, Rakesh Asthana, a Gujarat cadre officer and Modi protégé, put paid to convoluted attempts to short-circuit the selection process and instead appoint an acolyte as the interim director till the general election was over, for reasons not difficult to imagine. 

Unquestionably, Verma’s reinstatement, albeit with conditions by the apex court, came as a huge embarrassment for the government, regardless of how it engineered subsequent events. It was undoubtedly also a slap on the face for Finance Minister Arun Jaitley, who at that time attempted to justify the unjustifiable and must have played a critical role in advising the Prime Minister to take such decisions. In any case, Modi and all those involved in carrying out his nefarious designs have utterly demolished their credibility, more so, given the adverse directions of the Delhi High Court on CBI Special Director Rakesh Asthana’s plea. It is indeed ironic that the CVC’s report based on unsubstantiated and unverified allegations made by Asthana has been used to justify Verma’s transfer. In this context, it is also unlikely that Justice Sikri of the three-member selection committee would have done much, though his justification for agreeing with the Prime Minister’s view is not yet in the public domain.

Opposition parties have been vociferous in challenging the government’s action, which is only in the realm of a political hyperbole, given the hypocrisy in the manner in which they deal with the CBI when in power. However, leaving aside politicians, who care little for principles, it is the CVC (Chaudhary) who really needs to be held accountable, especially if we wish to strengthen our democratic norms. That his actions in this matter were suspicious was clear from the moment when the apex court appointed a retired judge to oversee his inquiry against the Director. Any principled officer of integrity would have taken offence to the court’s direction. Indeed by setting aside his directions relieving Verma from his post, the Supreme Court had clearly indicted the CVC, implying that his actions were malafide, biased, motivated and constitutionally improper. What could be more insulting for a constitutional authority empowered to investigate corruption, than having his integrity, sense of fair-play, motivation and independence questioned? Chaudhary’s willingness to toe the government’s line was indeed shameful and condemnable, especially in view of the report that he abruptly cancelled a foreign visit on this particular day. Given that his credibility has been destroyed, his continuation in office is untenable.

In this sorry episode, the only one to emerge with his honour intact under the circumstances is Verma, especially since he had taken the courageous decision to resign after being transferred. In fact, his resignation reflects contempt for Modi’s shenanigans. As for the CVC report, it needs to be remembered that it is based on allegations made by Asthana, who finds himself in deep trouble, including the possibility of an arrest. That in this present instance, the CVC acted against the Director without waiting to see as to how the court would respond to Asthana’s plea, clearly shows bias on its part. Also, the selection committee took cognisance of that report without giving the CBI Director an opportunity to respond, which is clearly unacceptable.

In these past few years, there has been a common perception among many that the Modi Government has been working to destroy the independent functioning of institutions. Verma’s decision to stand up on principle, despite the spins by the government and the vindictiveness he was bound to confront, must be commended. Given that he was close to retirement and could have been appeased with a suitable post-retirement sinecure, there is certainly a lesson here for our military high command, which has over the years quietly swallowed every insult heaped on it by this and earlier governments.

(The writer is a military veteran, a Consultant with the Observer Research Foundation and Visiting Senior Fellow with The Peninsula Foundation, Chennai)

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