Friday, November 08, 2013

The CBI itself is illegal, say judges.

In April of this year Mr Ranjit Sinha, Director of the Central Bureau of Investigation admitted in the Supreme Court that it is merely an arm of the government. He was being coy. What he meant was that the CBI is an arm of the government because it is the extortion arm of the Congress which happens to control the present government. This gives the Congress so much power that even when the BJP was in power for 6 years it did not dare to resolve the Bofors case even though there is clear proof that Quattrocchi had taken bribes. Nor did the BJP dare to get justice for the victims of Mr Sajjan Kumar who is alleged to have incited a mob to kill Sikhs after the shooting of Indira Gandhi in 1984. Seems that its uselessness has caught up with the CBI. Couple of days back a 2 judge bench of the Guwahati High Court opined that the CBI is not a police force in legal terms and does not have the power to either investigate or arrest suspects. The CBI was born on 1 April, 1963 by the Ministry of Home Affairs under the Delhi Special Police Establishment Act 1946. The court also said that the DSPE Act applied only to Union Territories, such as Chandigarh and Pudicherry and presumably also to Delhi. This means that all the crooks implicated in the numerous scams under the aegis of the Congress, such as the 2G scam, the Coalgate scam, which were being investigated by the CBI, are claiming immunity with joyous smiles. " This apart, it is the state legislature, which is entitled to constitute a ' police force ' for the purpose of conducting ' investigation ' into crime," the judges said. What the judges probably mean is that forces such as the Central Reserve Police, Border Security Force or the Indo Tibetan Border Police are actually paramilitary forces under the central government but any police force charged with investigating crime and arresting citizens is to be constituted by the respective state government. There is thus no concept of a Federal Bureau of Investigation as in the United States. If the CBI was constituted under the DSPE Act then its role should be limited to Delhi and in areas under the jurisdiction of the central government. No doubt this judgement will be challenged in the Supreme Court by the Congress, especially since its power to harass opponents will be severely weakened without the CBI. Down boy.

No comments: