CBI’S charter has to be redefined

The tongue-lashing that the Supreme Court administered to the CBI on Tuesday for being a handmaiden of the government in the matter of investigation into the scam in the allocation of coal blocks was dramatic, but doubtless completely well-deserved. The issue, however, was not settled on whether the draft status report in the investigation that the CBI shared with Union law minister Ashwini Kumar at the latter’s bidding, and others, was materially altered as a result of these interventions. Perhaps the court will give its verdict on this crucial matter when the next hearing takes place on May 8. If significant changes did indeed occur, and if these have a bearing on the investigation itself, then the inference is inescapable that the CBI investigation into “Coalgate’ ordered by the SC stands sullied. That may make a fresh investigation necessary by a Special Investigating Team put together by the SC. In such an event, it is hard to see how the law minister can keep his job. Attorney-General Goolam E. Vahnavati will also find his position untenable in that event. He is already under considerable pressure in the light of the resignation of additional solicitor-general Harin Rawal. But it is the court that will have to determine if Mr Rawal’s version stands the test of evidence that the court will doubtless apply as the attorneygeneral appears to be questioning the former ASG’s stand. CBI director Ranjit Sinha is quite right to maintain that the organisation he serves is a part of the government. If he can persuade the SC that the “Coalgate” investigation was not compromised in any way in spite of that, then we will need to enter the territory of interpreting the CBI manual, precedents, and the SC instructions contained in the Vineet Narain case to decide whether the CBI is not free to consult with the Union law minister before making a submission to the highest court. The precise function and authority of the law minister will also perhaps need fresh outlining.

The Supreme Court voices the people’s anguish when it speaks of insulating the CBI from the government’s shadow as all governments have misused the CBI. It is now up to Parliament to consider how to frame fresh legislation to alter the CBI’s status and give it working autonomy without giving a police outfit the kind of powers that may enable it to threaten any pillar of the republic.