Published 17:48 IST, November 16th 2018
Allowing CBI is not a matter of choice, it's a compulsion
Former IPS Officer, Dr. Vikram Singh shares his view on the recent case of Andhra Pradesh Chief Minister Chandrababu Naidu not allowing the CBI to interfere in his state matters
The news that Shri Chandrababu Naidu would obstruct the CBI from entering his state has indeed come as a surprise. What has not come as a surprise is another loose remark by Ms. Mamata Banerjee, Chief Minister, West Bengal that she is also in favour of not allowing the CBI in her state. Allowing the CBI is not a matter of choice, it's a compulsion. The CBI investigation can be initiated at the request of the state or as ordered by the judiciary, primarily by the High Court or the Supreme Court or any other court. It has to be with the cooperation of the state.
There are well laid out standard operating procedures that the state has to cooperate with the CBI during the course of the investigation and has to provide not only the basic documents, the backup force and other facilities that the CBI may require in a state where it is investigating. Also, it is not for the state government or the local officials to obstruct the investigation of the CBI and not give them the necessary files and documentation. Obviously, such insidious and ridiculous attempts have been made earlier, especially in Bihar, several years ago, but they came to knot when the matter was reported to the concerned court.
What is inexplicable is the fact that when normally one is heard of those accused of horrific crimes, serial and serious offenders, that they have no faith in the CBI and they would not like to be investigated by the CBI. But again its a very dangerous proposition to pick up an investigative agency as per the choice of the accused. Is there a single investigating agency which has not had a problem administrative and otherwise once in a while.
The current crisis shall too pass away and I am sure the traditions and the expertise of the CBI in investigating serious cases are second to none in the world. To say that Chandrababu Naidu and Ms. Mamata Banerjee would not allow the CBI to enter their states, please make no mistake, you are an elected representative and you have sworn by the constitution of India. There is no way that you can give a go by to the constitutional provisions of cooperation with the central government. This is a very important aspect of governance, investigations, that are to be conducted by the CBI.
To obstruct it would be inviting criticisms and also question marks by the governors of your state that the state government is indulging in unconstitutional behavior and there are adequate provisions in the constitution of India that such a report from the governor to the President of India can have very far-reaching consequences. If you have nothing to conceal, then please cooperate with the CBI, with the investigating agencies and the investigators to dismiss and say that you will not allow the CBI, others before you failed and you will also fail, therefore this can be a populist stand but a very irresponsible one at that.
It's an established fact that the CBI cannot take any investigation suo moto. There are circumstances and procedures through which the CBI can take investigation and the latest GO from Andhra Pradesh says CBI shall not interfere in any investigation of Andhra Pradesh. The fact remains at the ground reality is and the legal position too that the CBI takes up an investigation only at the request of the state government or as ordered by any court of law. Under these circumstances, I feel that the order given by the state government is more for public consumption as it has no merit whatsoever because if the High Court or the Supreme Court orders any investigation, the CBI shall take up the investigation and the government, the local state government is duty bound to provide the back up and logistics of court.
Updated 19:52 IST, November 16th 2018