Draw line between policy, policing: FM

‘CBI not a caged parrot nor Congress Bureau of Investigation’

S In number of cases CBI, CAG overstepped their limits
S It is not for investigating agency to lay down rule of conduct
S Nor is it the business of probe agency to presume a rule of conduct
S CBI pretends to be a ‘helpless victim’ when it pleads for more powers

New Delhi: A day after Prime Minister asked the CBI not to sit in judgment over policy, Finance Minister P Chidambaram said that there were number of cases where the CBI and the CAG had overstepped their limits and attempted to convert bonafide executive decision into abuse of authority. He cautioned the investigating agencies to respect the line that divides policy-making and policing.

Addressing the CBI’s international conference on “Evolving Common Strategies to combat Corruption and Crime,” the Finance Minister said, “It is not the business of the investigating agency to lay down a rule of conduct; nor is it the business of the investigating agency to presume a rule of conduct.

Even where a rule has been prescribed, if there is a policy behind that rule, it is not the business of the investigating agency to question the wisdom of that policy or to suggest a different policy that would be better in the view of the investigating agency.The investigating agency must confine itself to the question whether there has been a violation of a laid-down rule of conduct”.

Chidambaram said that there were a number of cases where investigating agencies and other authorities like Comptroller and Auditor General had overstepped their limits and attempted to convert bonafide executive decisions into either crime or abuse of authority.

The principal opposition party, the BJP, was quick to counter the remarks of the Prime Minister and the Finance Minister, coming in the wake of coalgate scam. Leader of the Opposition in the Rajya Sabha Arun Jaitley felt that it was an attempt to intimidate the investigative agency, especially when the findings of the coalgate scam had reached an advanced stage.

He admitted that the CBI does not frame policy, but wanted to know whether a policy formulation could be totally immune from criminal investigation and especially when policy is liable to benefit few people. While cautioning the investigative agencies, Union Finance Minister P Chidambaram also lauded the CBI's role and tried to explode the myth that it is a “caged bird” and can easily be termed as “Congress Bureau of Investigation.”

The Finance Minister said that none of the descriptions is correct or even well-meaning. Some myths are carefully fostered and propagated in order to serve an immediate or narrow self-interest.

In a lighter vein, he said that CBI itself pretends to be a “helpless victim” when it pleads for more powers and greater autonomy. “Hardly anyone seems to notice the contradiction when the same person pleads in favour of more powers to CBI and also rails against the alleged excesses of the CBI.

Hardly anyone pauses to ask how the CBI could do the bidding of a political party that has not been in government during 12 years out of the last 35 years!”he remarked.Chidambaram praised the CBI, saying that it is as good as any investigating organisation in the world. It has performed a difficult role especially when the primary responsibility for enforcement of laws lies with the State Governments.

He reminded that in certain cases, an offence falling under the jurisdiction of the State police cannot be investigated by the CBI without the express consent of the State Government concerned.