The Hindu : `No interference in CBI work'

Online edition of India's National Newspaper
Tuesday, Aug 05, 2003

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`No interference in CBI work'

By Our Special Correspondent

NEW DELHI AUG. 4. Rejecting the Opposition charge of Government interference in the working of the Central Bureau of Investigation (CBI), the Prime Minister Atal Behari Vajpayee, today said the agency was never given any direction or order during its probe of the Babri Masjid demolition case.

In his reply to a short duration discussion on the Government's responsibilities vis-a-vis its investigative agencies, the Prime Minister asserted that there was no interference in the CBI probe and that no charge had been withdrawn in the Ayodhya case.

"The case has been going on in the court since 1993. The CBI is attending to it and the Government has not given any order or directive to the agency. What kind of evidence it has gathered against whom, all these decisions solely rest with the CBI. An investigating agency should have total freedom to function in accordance with the law. The CBI has full autonomy to take any action,'' the Prime Minister said in his reply to the almost three-hour long discussion.

His office had only administrative supervision over the CBI and there was no question of any interference.

"This (Ayodhya) case is sub-judice and pending before the court for a long time. Assessment of the evidence is something which falls under the jurisdiction of the court,'' he added.

He appealed to the members to check the tendency of raising in Parliament of such sensitive issues which were pending in the courts. "I think such a practice should end here,'' he said.

Referring to his speech at the cremation of Ramchandradas Paramhans at Ayodhya, Mr. Vajpayee said there was no question of giving "any kind of provocative speech'' and asserted that he had not said anything objectionable.

Earlier, the Opposition parties alleged that the Government was "misusing'' the CBI to protect its top leaders who were accused in the Ayodhya case. The Rashtriya Janata Dal (RJD) leader, Laloo Prasad Yadav, demanded the resignation of the Prime Minister.

Members of the Congress and Left parties accused the CBI of withholding several videotapes and not presenting them as evidence in the Babri Masjid demolition case. The Government had "misused'' its influence over the CBI to water down the charges and take out Section 120-B pertaining to the conspiracy charge against senior BJP leaders.

Kapil Sibal and Suresh Pachouri, both from the Congress, alleged that 29 tapes had not been given to the Rae Bareilly court by the CBI and all the statements of 700 witnesses had also not been presented before the Court. Nilotpal Basu (CPI-M) described it as an "orchestrated conspiracy'' to drop Section 120-B. "Who mobilised the crowds? Who organised them? Who took them to Ayodhya?,'' he asked.

Brushing aside their charges, the Union Law Minister, Arun Jaitley, said the "CBI will move as per record in the case'' and the Government "has not and will not'' give any direction to the agency under which section to prosecute. The Centre had no role to play in the working of the CBI under the federal polity.

It would be wrong to suggest that the CBI had ``doctored'' the tapes. "Since 1993 all the tapes have been in the custody of courts and not with the CBI,'' he added.

Mr. Jaitley said: "It appears there is a conspiracy to add the conspiracy charge. For some reason there were two FIRs in the incident. While one named others, the second named Mr. Advani and other leaders. Later, a composite chargesheet was filed. Consent of the High Court was not taken and the adviser to the U.P. Governor had given detailed reasons why the two cases cannot be clubbed.''

Mr. Jaitley said that it was for the CBI to see what documents were relevant in the case and what sections were attracted. "The discretion of the CBI cannot be a matter of political debate. Let us not discredit the agency. The Government cannot direct the CBI and the Opposition cannot pressurise it. Let us protect the autonomy and independence of the CBI,'' he said.

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