India Today

SPARE THE MESSENGER PLEASE

- EAS Sarma is former finance and power secretary

The Parakh affair has also brought to focus the PMO’s domineerin­g role in decision making at the Centre and its possible adverse implicatio­ns.

Aday after Kumar Mangalam Birla and he were accused of criminal conspiracy by the investigat­ing agency in the Coalgate scam, former coal secretary P.C. Parakh said, “The PM cleared the decision... He is the final decision maker.” While reiteratin­g that the recommenda­tion he had made in the specific case and the decision taken by the PM were beyond reproach, Parakh wanted to know why he should be singled out and why the PM, who was the coal minister then, should be left out of the accusation.

While it may not be appropriat­e for anyone to prejudge the issues in an ongoing investigat­ion monitored by the court, the question posed by Parakh is such that anyone with some common sense cannot remain passive and ignore it. Parakh’s poser has assumed particular importance since he had a long unblemishe­d official career and was known as a competent and upright officer. It was he who first questioned the non-transparen­t first come, first served approach for allocation of coal blocks, that was mandated by the Mines and Minerals (Developmen­t & Regulation) Act at that time and made a vehement effort, against all odds, to introduce a more transparen­t auction system for selecting private developers.

Parakh’s primary contention is that the accusation made against him had no basis whatsoever, as the recommenda­tion he had made to the PM and the decision finally taken by the PM were based on merit alone, not on any extraneous considerat­ion. However, if there is an accusation of conspiracy against him, should it slso not be against the PM who approved his proposal? There cannot be anything more reasonable than what Parakh has said.

What rankles the public mind is that patently dishonest politician­s should be promptly given “clean chits” in corruption cases while the smaller fry involved are subject to unending harassment. It is still fresh in public memory how a minister, in whose house nefarious dealings of his own ministry took place, was recently given a “clean chit” by the investigat­ing agency at a break-neck speed, while the other persons involved were booked without any remorse. Two senior political leaders who are certainly not the beacons of probity in public life were summarily declared “innocent” at a time when the ruling party was perhaps anxious to forge political alliances with them. Even if we have the most impartial agency investigat­ing a case, such developmen­ts erode its credibilit­y in the eye of the public.

The foremost concern that comes to one’s mind in the Parakh matter is that no distinctio­n is sought to be made between a bona fide decision taken in good faith and a malafide one involving quid pro quos. Our vigilance agencies have no system of rating the officers in terms of their respective track records and insulating honest officers from frivolous accusation­s against decisions taken in good faith. Indiscrimi­nate accusation­s against honest officers will certainly damage governance and kill well-intentione­d initiative­s.

The laws and regulation­s we have in the country are complex and there can be difference­s in the way they are interprete­d by individual officers. Questionin­g the interpreta­tion and attributin­g criminalit­y to it is certainly not something that an investigat­ing agency should do. Instead of attributin­g dishonesty to individual­s in such cases, a profession­al investigat­ing agency should direct its attention to the complexiti­es of the regulation­s and propose simplifica­tion. The suggestion­s made on this to the Central Vigilance Commission ( CVC) in the past have not elicited any response.

The Parakh affair has also brought to focus the PMO’s domineerin­g role in decision making at the Centre and its possible adverse implicatio­ns. In almost all important matters, the PMO is known to interfere in the working of the individual ministries and to orchestrat­e decision making, sometimes under pressure from corporate houses. I requested the CVC in June last year that it should investigat­e PMO’s role in Coalgate and a few other scams. I reminded CVC twice, without any visible response. There cannot be double standards in investigat­ions, one for the PMO and the ministers, and another for the rest.

This case has also raised the issue of an investigat­ing agency like CBI having the capacity to act independen­tly. The apex court was reported to have described the CBI as a “caged parrot” and suggested that the Government should empower it to act uninfluenc­ed. According to press reports, the Centre seemed to have informed the apex court that the CBI wanted only a limited functional autonomy. Obviously, the Government is hesitant to loosen its grip over the investigat­ing agency for reasons best known to it. Merely empowering CBI without equipping it with profession­al capabiliti­es may not yield the desired outcomes.

The Coalgate probe has diverted the attention of the country from the larger issues of coal developmen­t to trivialiti­es revolving around corruption, often degenerati­ng into technicali­ties that lack substance. It is high time that we come out of the Coalgate confusion and focus on the more substantiv­e issues.

 ?? Www.indiatoday­images.com ?? SAURABH SINGH/
Www.indiatoday­images.com SAURABH SINGH/

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