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Editorial

CBI sinks deeper into stink 

For 25 years, the Congress refused to give justice to the Sikhs by neither following up action against its own leaders, nor sidelining or dropping them from the party nor proactively following up the cases in court against senior party leaders.

Instead, it was too eager to rather give these leaders, tainted with the genocide of Sikhs, responsible positions in the party and the government.

But when it comes to its own party high commands friends in high places, it feels no shame in deliberately letting go of men clearly accused of high corruption.

In both cases, the CBI lets itself be used as a pawn for petty political ends. In recent years, the amount of shame it has accumulated would have ensured wounding up of any self respecting agency.

Last Wednesday, the Central Bureau of Investigation told a court in Delhi that the witnesses, who deposed against the role of Congress leader Jagdish Tytler in the 1984 anti-Sikh carnage were not reliable.

This has been a line that has been flogged to death by the CBI even as every dispassionate political analyst and legal mind knows that the CBI is barking up the wrong tree here. Witnes Surinder Singh, now deceased, had explained on prime time national TV why and how he was made to change his statements.

It was the CBI that had rushed to give Tytler a clean chit earlier by even refusing to acknowledge the existence of witness Jasbir Singh. It was the alactrity with which the media reacted that CBI was pput to shame when a witness it could not find in years was tracked down by the media. Jasbir Singh remained steadfast in his testimony and nailed Tytler's lie beyond any doubt.

But unashamedly, the Additional CBI public prosecutor has submitted before Additional Chief Metropolitan Magistrate Rakesh Pandit that the two witnesses, Surinder Singh and Jasbir Singh, were unreliable as they have contradicted their statements on various occasions.

CBI counsel also said the statements of these two witnesses hold no credentials and were given only to falsely implicate Tytler.

"Surinder, in his first affidavit before the Nanavati Commission in January 2002, had stated that Tytler along with others had attacked Gurdwara Pul Bangash and killed Thakur Singh and Badal Singh. But in another affidavit in August 2002 he denied Tytler's role." It was none other than Surinder Simngh who had brought forth these facts and had cited circumstances in which he was made to shift back and forth.

But even as the court, after hearing CBI counsel, slated the next hearing on Oct 31, when the probe agency will argue on the version given by Jasbir Singh, the federal sleuthing agency has covered itself up in shame again.

In a case which close associate and friend of India's first political family of Nehru Gandhis, Italian businessman Ottavio Quattrocchi, was accused of corruption of millions, the Congress-led UPA government has finally told the Indian Supreme Court that it had decided to withdraw all cases against him. Its reason was that the former Attorney General Milon Banerji had pointed out that the CBI did not challenge the February 2004 High Court order quashing all charges under the Prevention of Corruption Act in the Bofors case. “Since no Special Leave Petition was filed on this ground... the Red Corner Notice is invalid.”

What Banerji did not mention — and what was buried in confidential files — was that it was Banerji himself who, barely two months after the Congress-led government came to power, overruled CBI investigators and directed the agency not to file the SLP against the High Court order.

It is thus a clear case of misuse of the CBI.

The opposition BJP and the communist parties are crying hoarse. The fact remains that had they made as much noise about securing justice for the Sikhs, they would have been able to bring into sharp relief the misuse of CBI by the rulers.

Clearly, none of the political parties in India have covered themselves with glory as far as the CBI functioning is concerned.

30 September 2009
 

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