Constitution is in danger not because of CBI, but due to brazenness of Mamata Banerjee and her followers

New Delhi: “Should the actions of the CBI swing this way or that depending on how various interest groups view the same matter, at a particular time? Should the process of collection of facts be determined by the interests or perceptions of any particular interest groups, who may be political or administrative masters?” These two pertinent questions were raised by a former CBI officer, who in the mid-1990s was chasing high profile white-collar criminals closely linked to the then decision-makers of the country. Years later, a wave of arguments has been unleashed by political leaders from Opposition parties that the CBI’s move to grill Kolkata Police commissioner Rajeev Kumar represents a vendetta against the state government headed by Mamata Banerjee. A certain section has also questioned the timing of the CBI action against Kumar. These arguments nevertheless seem juvenile due to a lack of credibility and at best appear to be a by-product of political opportunism. [caption id=“attachment_6019101” align=“alignleft” width=“380”] File image of Kolkata Police commissioner Rajeev Kumar. News18[/caption] Although, these political leaders have not clarified on the link between Kumar and Mamata, the assertion automatically makes the police commissioner the ‘secrets-keeper’ of the chief minister. The tag may not go away easily no matter how hard Kumar tries, because his acts were unprecedented although not surprising. A former CBI officer BR Lall had noted that many of his colleagues in the police were overzealous to serve the state chiefs. Lall said he had witnessed a number of police officers swear that they would even kill someone if asked to do so by the chief minister. He claims to have also seen members of the administrative service saying that they would do anything the chief minister asked — from dismissing a public servant to allotting some valuables in utter disregard of laws or rules, even if such manipulation led to murder. The Kolkata Police commissioner did not commit any murder. Instead he openly sat on dharna with Mamata to oppose the CBI investigation against him and did not flinch from targeting his IPS colleagues in the Central agency, even sending his cops to surround the house of the serving joint director of the investigating agency. Switching loyalty is a very delicate and complex affair. Kumar could deceive himself that he is serving the Constitution, but things won’t be the same after a change of government either at the Centre or state. Kumar perhaps momentarily felt empowered as the chief minister not only drove to his residence during Sunday’s chaos, but also offered protection by launching a scathing attack against the Central government. It is certain that when Kumar joined the IPS cadre in 1989, he must have taken an oath of allegiance to the Constitution of India and not to Mamata. “I XYZ do swear/solemnly affirm that I will be faithful and bear true allegiance to India and to the Constitution of India as by law established that i will uphold the sovereignty and integrity of India, and that I will carry out the duties of my office loyally, honestly and with impartiality.”

In his zest or nervousness, Kumar, it appears has shifted his loyalty to the chief minister.

Even the political hue and cry is not about a scam and how the hard-earned money of thousands of poor was swindled by scamsters with the help of people in power. The questions regarding the timing of CBI action is not limited to the Saradha scam alone. These are being repeated to suit the political discourse since the days of Bofors and the Jain Hawala case. Former prime minister HD Deve Gowda compared the CBI action to the Emergency and expressed solidarity with the West Bengal chief minister.

Interestingly, just as Deve Gowda — in an internal CBI conference — had warned investigating officers that things were moving outside the purview of the Constitution because of dirty politics and a variety of political ends, leaders are trying to demolish the image of CBI — which upholds one of the highest reputations in the country. Even Congress president Rahul Gandhi, who joined the Opposition leaders in extending support to Mamata, had earlier criticised her for protecting the perpetrators of the Saradha scam. His U-turn just ahead of the Lok Sabha election is not surprising. It is also not surprising that not a single leader dialling the chief minister has spoken about the poor victims of the chit fund scam. It is important to note that Supreme Court in May 2014 directed the CBI to take over cases registered against the Saradha group of companies at different police stations in West Bengal. The court had also said that the CBI shall be free to conduct further investigation in terms of Section 173(8) of the CrPC in relation to any case where a chargesheet has already presented before the jurisdictional court against the companies involved in any chit fund scam. The CBI move in the Saradha scam came after the court order. While the debate has now shifted to Mamata versus Narendra Modi with Kumar emerging as a central figure, little is known about the victims of the Saradha scam. Mamata should know there is a Sushila Minj in Jalpaiguri, who had invested her pension benefit worth Rs.2.4 lakh and lost the money she had saved for rainy days. She is seriously ill and doesn’t have money for medical treatment. Sushila is only an example of the sort of people being denied justice in Mamata’s battle to stonewall the CBI in the state. Whether Mamata reaps political dividends from this entire controversy or the CBI has its credibility restored, the action of officers embedded in the state’s political establishment has caused irreparable damage to the ethos of khaki.