Caged CBI parrot struck government
A small storm has been brewing in the central government. The department that has been ridiculed as ‘caged parrot’ the CBI has been witnessing infighting. The government is keen on intervening in the matter. But deep down, this is not a mere fight between officers alone. This is some sort of response mechanism that has kicked in with government wanting to take control of the department. This has resulted in officers clashing with each other. The vested reason behind the government’s keenness to intervene in CBI is basically to safeguard its own interests.
CBI director Alok Verma has recommended to PM’s office the centre that Special Director Rakesh Asthana be kept under suspension till the investigation of his multi-crore bribe allegation charges is complete. Verma has said Asthana is not fit to work in the CBI and should be sent back to Gujarat cadre where he originally came from. By writing a letter to the PM, Verma has made Modi responsible for clearing the quagmire in the department. Now the PM is forced to express his opinion in the matter.
Verma had met the PM on Sunday morning and followed up his meeting with a letter by the evening. In the letter, Verma has expressed his concerns about other intelligence departments like RAW and other security agencies being affected if the investigation against Asthana is not concluded at the earliest. The Prime Minister should not ignore the concern expressed by a highly placed officer since the government is director responsible for seamless functioning of the department. Verma will retire in January and the powers that be are very keen that Asthana occupies this top intelligence post since he is the hot favourite of Modi and Shah.
Even before Verma was nominated as the director of CBI, Asthana was brought into the department as Special director of CBI a few months prior to that. Based on a complaint filed by Hyderabad based industrialist Satish Babu Sana, an FIR was being lodged against Asthana on October 15. Another accused in the case, Dubai-based investment banker Manoj Prasad has been arrested already. Sana Satish Babu had alleged that he had paid Rs 5 crore bribe to Asthana to avoid being arrested in the controversial case of meat exporter Moin Qureshi. This deal was struck with the intervention of Manoj Prasad and Somesh Prasad of Dubai. Another DSP Devender Kumar was arrested on charges of having accepted Rs 3 cr bribe from Sana.
After all this, the centre is hell bent upon saving Asthana. The recent developments are testimony enough to show how an independent functioning organization can be corrupted with the interference of the forces that be. CBI had not suffered a loss of face as it is doing now, ever in the past. Verma has been trying his best to put measures in place to avoid external interference into the department. There are also allegations that Asthana works to make matters conducive for the Modi’s coterie. There is widespread animosity within the CBI about constant interference by the PM office.
Verma had tried to check government’s attempts to use CBI against the opposition. Even after submitting the charge sheet in a particular incident, the central government had sought that an officer be raided. Verma had disagreed to this. His argument was since the raid was already carried out, there was no need to repeat the same act. Asthana has wanted to arrest the 70-year-old leader of opposition and her son. Since the allegation against them is of financial mismanagement, and this would have to be proved with evidences and facts. Hence Verma had argued the leader needn’t be arrested, at least now. Today, as it stands, Asthana himself stands in the position of being arrested.
Government has to investigate every officer who comes into CBI. If the government needs a corrupt officer in that position, this shows the agenda driven strategy. If this department gets polluted with corruption charges, how does it even claim to carry out investigations against others? Government has to allow the investigation against Rakesh Asthana to be done without any agenda or vested interest. This way, the government can ensure it stands for neutral and corruption free administration.
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BCI urges CJI to take action against Andhra HC judge for sending young lawyer to 24-hour custody
New Delhi (PTI): The Bar Council of India on Wednesday sought the urgent intervention of Chief Justice of India Surya Kant following a "deeply disturbing" incident where a judge of the Andhra Pradesh High Court reportedly sent a young advocate to
24-hour judicial custody over a procedural lapse.
The Bar Council of India (BCI) Chairperson and senior advocate Manan Kumar Mishra, in a formal representation, termed the conduct of Justice Tarlada Rajasekhar Rao "grossly inappropriate" and "damaging to the confidence of the Bar".
“I most respectfully request your Lordship to kindly take immediate institutional cognizance of the matter and call for the video recording of the proceedings, the order passed, and the surrounding circumstances.
“I further request that appropriate administrative action may kindly be considered, including withdrawal of judicial work from the learned Judge pending review, his immediate transfer to some far off High Court, and his nomination for appropriate judicial training/orientation on court management, judicial temperament, Bar-Bench relations, and proportional exercise of contempt/judicial authority,” Mishra wrote.
This representation is made to preserve the “dignity, moral authority and public confidence of the judiciary”, he said, adding, “Judges command the highest respect not by fear, but by fairness, patience, restraint and constitutional humility”.
The communication urged the CJI to intervene at the earliest to ensure that the faith of Bar, particularly young advocates, in the protective and corrective role of the judiciary is restored.
The controversy stems from proceedings on May 5.
According to the BCI, a video circulating online shows Justice Rao rebuking a young advocate who was unable to produce a specific order copy during a hearing.
The letter said that despite the advocate "repeatedly seeking pardon and mercy" and claiming he was in physical pain, the judge remained "unmoved".
The judge allegedly told the lawyer, "now you will learn," and mocked his experience before directing the Registrar and police personnel to take him into custody for 24 hours.
The BCI chairperson said that the judge’s actions lacked proportionality and fairness.
"The dignity of the court is not enhanced when a lawyer is made to beg for grace in open court and is still sent to custody for a procedural lapse," the letter said.
"A young lawyer... is an officer of the Court, still learning, still growing, and entitled to correction without humiliation," it added.
The bar body said that such actions create a "chilling effect" on the legal fraternity, particularly among junior members, and undermine the mutual respect required between the Bench and the Bar.
