PM obliquely asks CBI to remain within limits
In normal circumstance, Prime Minister Manmohan Singh's statement that a police agency cannot question policy decisions of the Government that are not mala fide in nature, would have sounded appropriate. Since it comes at a time when certain policy decisions of the Congress-led UPA Government have come under the scanner, Mr Singh's remarks are being seen as a warning to the Central Bureau of Investigation that it must shed its over-enthusiasm while probing his Government's decisions such as the coal block allocation. The problem is that, even if the CBI has got the message, it cannot do much to heed the Prime Minister's loaded words.
The Supreme Court is monitoring the agency's investigation into the coal block allocation scam, and no amount of warning by the Prime Minister or any other official can, thankfully, affect the CBI's functioning in these matters. Realising that he has the shield of protection from the apex court, CBI Director Ranjit Sinha has bluntly responded that the Government cannot bypass rules while framing policy decisions in the name of speedy growth. The Government has for long been circulating the argument that no agency has the right to question policy matters which are the exclusive domain of the executive. The latter may be true, but what happens when those policy decisions are prima facie dubiousIJ We saw it happen in the 2G Spectrum scam case when a policy initiative turned out to be mala fide in nature — which is why former Minister for Telecommunications A Raja is facing trial. The Government has the right to frame policies, but the policy cannot run counter to established rules. Can it be said that all the allocations of coal blocks that have been done in the UPA's regime are above boardIJ
The Prime Minister's argument that constant questioning by agencies of the Government's moves would deter public servants from taking prompt and effective decisions on matters of national importance, is an excuse for the regime's policy paralysis. Nothing prevents officials from taking above-the-board decisions, and no official is going to be punished if he has indulged in a mere error of judgement. The fear of persecution exists in the minds of public servants who know they have indulged in unlawful activities. Even if some vested interests do try to implicate the innocent, the latter will eventually come out clean. The Prime Minister's strong remarks on Monday have also come in the backdrop of the CBI demanding more functional autonomy so that it can effectively proceed with the politically-sensitive cases it is investigating. From all accounts, it is clear that Mr Singh and his Government have been rattled with the pace and direction of the inquiries — the coal block allocation scam has reached the Prime Minister's doorsteps — and with the adverse impact the probes have had on investor sentiment, not to speak of the contribution they have made to the steadily plunging image of the UPA regime.